Indiana Code
Ind. Code § 34-20-8-1 (2026)
Assessment of percentage of fault
✓ current as of May 2026
Sec. 1. (a) In a product liability action, the fault of the person suffering the physical harm, as well as the fault of all others who caused or contributed to cause the harm, shall be compared by the trier of fact in accordance with IC 34-51-2-7, IC 34-51-2-8, or IC 34-51-2-9.
(b) In assessing percentage of fault, the jury shall consider the fault of all persons who contributed to the physical harm, regardless of whether the person was or could have been named as a party, as long as the nonparty was alleged to have caused or contributed to cause the physical harm.
[Pre-1998 Recodification Citations: subsection (a) formerly 33-1-1.5-10(b); subsection (b) formerly 33-1-1.5-10(c).]
As added by P.L.1-1998, SEC.15. Amended by P.L.1-1999, SEC.71.
IC 34-20-9Chapter 9. Indemnity
34-20-9-1Indemnification from person actually at fault for
defect
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 2001–2021 · leading case: Campbell Hausfeld/Scott Fetzer Co. v. Paul Johnson, 109 N.E.3d 953 (Ind. 2018).
Campbell Hausfeld/Scott Fetzer Co. v. Paul Johnson, 109 N.E.3d 953 (Ind. 2018). “( Ind. Code § 34-20-8-1 ). That is, the fault of the person harmed as well as the fault of all others who caused or contributed to the harm shall be compared by the trier of fact in accord with the comparative fault statutes.”
Coffman v. PSI Energy, Inc., 815 N.E.2d 522 (Ind. Ct. App. 2004). “Ind.Code § 34-20-8-1 ("In a product liability action, the fault of the person suffering the physical harm, as well as the fault of all others who caused or contributed to cause the harm, shall be compared by the trier of fact in accordance with [the comparative fault act].”
Morgen v. Ford Motor Co., 797 N.E.2d 1146 (Ind. 2003). “roduct which made it unreasonably dangerous when it left the seller's hands and by the misuse of the product by a person other than the claimant, then the conduct of that other person does not bar recovery by the claimant for the physical harm, but shall bar any right of that…”
Barnard v. Saturn Corp., 790 N.E.2d 1023 (Ind. Ct. App. 2003). “Ind.Code § 34-20-8-1; Bondex Intern, v. Ott, 774 N.”
TRW Veh. Saf. Sys., Inc. v. Moore, 936 N.E.2d 201 (Ind. 2010). “" Ind.Code § 34-20-8-1(b). The Product Liability Act thus uses the word "fault" to embrace a wide range of bases for responsibility, including both *225 strict product liability and common law negligence, among others.”
Fulk v. Allied Signal, Inc., 755 N.E.2d 1198 (Ind. Ct. App. 2001). “Ind.Code § 34-20-8-1 provides that [A] product liability action must be commenced: (1) within two (2) years after the cause of action accrues; or (2) within ten (10) years after the delivery of the product to the initial user or consumer.”
Green v. Ford Motor Co., 942 N.E.2d 791 (Ind. 2011). “Ind.Code § 34-20-8-1. We find the statutory language to be significant in resolving the question.”
Black v. ACandS, Inc., 752 N.E.2d 148 (Ind. Ct. App. 2001). “- Whether the ten-year products liability statute of repose in Indiana Code section 34-20-8-1 violates Article I, Section 12 or Article I, Section 23 of the Indiana Constitution; and Whether Indiana Code section 34-20-3-2 violates Article I, Section 28 of the Indiana…”
The Est. of Gary Pfafman v. Lori Lancaster, Individually, & as Guardian of the Est. of Kole Craig, 67 N.E.3d 1150 (Ind. Ct. App. 2017). “Ind. Code §§ 34-20-8-1 (a), 34-51-2-7(b)(1), 34-51- 2-8(b)(1).”
Scott Weigle v. SPX Corp., 729 F.3d 724 (7th Cir. 2013). “Ind.Code § 34-20-8-1; Green, 942 N.E.2d at 794 .”
Jurich v. Garlock, Inc., 785 N.E.2d 1093 (Ind. 2003). “One of these statutes, Ind.Code § 34-20-8-1, generally applies to product liability claims and establishes a ten-year period of repose; we will refer to this statute as "Section 1.”
Dorman v. Osmose, Inc., 782 N.E.2d 463 (Ind. Ct. App. 2003). “Indiana Code Section 34-20-8-1, the limitations statute that governs the Dormans' action based on negligence and product liability theories, provides that "any product liability action in which the theory of liability is negligence or strict liability .”
— Ind. Code § 34-20-8-1(a) — 1 case
Campbell Hausfeld/Scott Fetzer Co. v. Paul Johnson, 90 N.E.3d 1205 (Ind. Ct. App. 2017).
— Ind. Code § 34-20-8-1(b) — 1 case
TRW Veh. Saf. Sys., Inc. v. Moore, 936 N.E.2d 201 (Ind. 2010). “" Ind.Code § 34-20-8-1(b). The Product Liability Act thus uses the word "fault" to embrace a wide range of bases for responsibility, including both *225 strict product liability and common law negligence, among others.”
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