Indiana § 34-20-2-2 Exercise of reasonable care; privity

Indiana Statutes

§ 34-20-2-2 — Exercise of reasonable care; privity

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 20 CAUSES OF ACTION: PRODUCT LIABILITY·Ch. 2 Product Liability Actions

The rule stated in section 1 of this chapter applies although:

(1)the seller has exercised all reasonable care in the manufacture and preparation of the product; and

(2)the user or consumer has not bought the product from or entered into any contractual relation with the seller. However, in an action based on an alleged design defect in the product or based on an alleged failure to provide adequate warnings or instructions regarding the use of the product, the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the circumstances in designing the product or in providing the warnings or instructions. [Pre-1998 Recodification Citation: 33-1-1.5-3(b).]

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The rule stated in section 1 of this chapter
applies although:
(1) the seller has exercised all reasonable care in the manufacture
and preparation of the product; and
(2) the user or consumer has not bought the product from or
entered into any contractual relation with the seller.
However, in an action based on an alleged design defect in the product
or based on an alleged failure to provide adequate warnings or
instructions regarding the use of the product, the party making the
claim must establish that the manufacturer or seller failed to exercise
reasonable care under the circumstances in designing the product or in
providing the warnings or instructions.
[Pre-1998 Recodification Citation: 33-1-1.5-3(b).]

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