Indiana Statutes
§ 34-20-5-1 — Rebuttable presumption
Indiana § 34-20-5-1
JurisdictionIndiana
Title 34CIVIL LAW AND PROCEDURE
Art. 20CAUSES OF ACTION: PRODUCT LIABILITY
Ch. 5Rebuttable Presumption That Product Is Not Defective
This text of Indiana § 34-20-5-1 (Rebuttable presumption) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ind. Code § 34-20-5-1 (2026).
Text
In a product liability action, there is a rebuttable presumption that the product that caused the physical harm was not defective and that the manufacturer or seller of the product was not negligent if, before the sale by the manufacturer, the product:
(1)was in conformity with the generally recognized state of the
art applicable to the safety of the product at the time the product
was designed, manufactured, packaged, and labeled; or
(2)complied with applicable codes, standards, regulations, or
specifications established, adopted, promulgated, or approved by
the United States or by Indiana, or by an agency of the United
States or Indiana.
[Pre-1998 Recodification Citation: 33-1-1.5-4.5.]
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Related
Ford Motor Co. v. Rushford
868 N.E.2d 806 (Indiana Supreme Court, 2007)
Cansler v. Mills
765 N.E.2d 698 (Indiana Court of Appeals, 2002)
Schultz v. Ford Motor Co.
857 N.E.2d 977 (Indiana Supreme Court, 2006)
Indianapolis Athletic Club, Inc. v. Alco Standard Corp.
709 N.E.2d 1070 (Indiana Court of Appeals, 1999)
McClain v. Chem-Lube Corp.
759 N.E.2d 1096 (Indiana Court of Appeals, 2001)
Rogers Ex Rel. Rogers v. Cosco, Inc.
737 N.E.2d 1158 (Indiana Court of Appeals, 2000)
Price v. Kuchaes
950 N.E.2d 1218 (Indiana Court of Appeals, 2011)
Gresser v. Dow Chemical Co.
989 N.E.2d 339 (Indiana Court of Appeals, 2013)
Tucker v. SmithKline Beecham Corp.
596 F. Supp. 2d 1225 (S.D. Indiana, 2008)
Schultz v. Ford Motor Co.
822 N.E.2d 645 (Indiana Court of Appeals, 2005)
Ford Motor Co. v. Rushford
845 N.E.2d 197 (Indiana Court of Appeals, 2006)
Kaiser v. Johnson & Johnson & Ethicon, Inc.
334 F. Supp. 3d 923 (N.D. Indiana, 2018)
Burt v. Makita USA, Inc.
212 F. Supp. 2d 893 (N.D. Indiana, 2002)
JARRETT v. WRIGHT MEDICAL TECHNOLOGY, INC.
(S.D. Indiana, 2021)
John Gresser and Janice Gresser, Individually and as natural guardians of Elizabeth Gresser and Rebekah Gresser v. The Dow Chemical Company, Inc., Dowelanco n/k/a Dow Agrosciences LLC
(Indiana Court of Appeals, 2013)
Martinez v. Johnson & Johnson
(N.D. Indiana, 2022)
Anthony Wade v. Terex-Telelect, Inc.
(Indiana Court of Appeals, 2012)
Legislative History
As added by P.L.1-1998, SEC.15.
Nearby Sections
15
§ 34-10-1-2
Assignment of attorney§ 34-10-1-3
Filing of claim by an offender with three prior actions dismissed as
frivolous; exception§ 34-10-2-1
Application of chapter§ 34-10-2-2
Annulment of order§ 34-11-2-1
Employment related actions§ 34-11-2-10
Enforcement of child support obligations§ 34-11-2-10.5
Employment related action by volunteer firefighter or member of
volunteer emergency medical services association§ 34-11-2-11
Written contract actions§ 34-11-2-11.5
Recovery of certain costs§ 34-11-2-13
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Bluebook (online)
Indiana § 34-20-5-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/34-20-5-1.