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When you buy a product – whether it’s a car part, a medical device, a children’s toy, or a household appliance – you have a reasonable expectation that it is safe to use. If a product malfunctions or lacks proper safety warnings and causes you physical harm, you have the right to seek compensation under the Indiana Product Liability Act (IC 34-20).
This article breaks down the laws governing manufacturer and seller liability for defective products in Indiana, including what you must prove to win your case and the strict deadlines for filing a lawsuit – information any experienced product liability lawyer will use to build your case.
What is a Product Liability Claim? (IC 34-20-1)
Under Indiana law, product liability refers to actions brought by a user or consumer against a manufacturer or seller for physical harm caused by a product.
According to IC 34-20-1-1, this law governs all claims regarding physical injuries caused by products, “regardless of the substantive legal theory or theories upon which the action is brought.” This means whether your lawyer argues negligence, strict liability, or breach of warranty, the rules of this specific Article apply.
What Makes a Product “Defective”? (IC 34-20-4)
You cannot sue a company simply because you got hurt while using their product. To have a valid claim, you must prove the product was legally “defective” and “unreasonably dangerous.”
Indiana law categorizes product defects into three main types, as outlined in Chapter 4:
1. Manufacturing or Design Defects
A product is defective if it leaves the factory in a condition that a reasonable person would not expect, making it dangerous to use.
Indiana Code Quote (IC 34-20-4-1):
“A product is in a defective condition under this article if… it is in a condition: (1) not contemplated by reasonable persons among those considered expected users or consumers of the product; and (2) that will be unreasonably dangerous to the expected user or consumer when used in reasonably expectable ways of handling or consumption.”
2. Failure to Warn or Provide Instructions
Sometimes the product itself is built correctly, but the manufacturer failed to warn you about hidden dangers.
Indiana Code Quote (IC 34-20-4-2):
“A product is defective under this article if the seller fails to: (1) properly package or label the product to give reasonable warnings of danger about the product; or (2) give reasonably complete instructions on proper use of the product…”
Exception: It is important to note that a manufacturer is not liable if you used the product in a completely unpredictable way. According to IC 34-20-4-3, a product is not defective “if an injury results from handling, preparation for use, or consumption that is not reasonably expectable.”
Who is Liable: The Manufacturer or the Retail Seller? (IC 34-20-2)
A common question in product liability cases is who should be sued: the company that made the product (manufacturer) or the store that sold it to you (seller)?
Indiana has specific rules regarding Strict Liability. Under strict liability, you don’t have to prove that a company was “careless” or “negligent” – you only have to prove the product was defective and caused your injury.
However, in Indiana, strict liability generally only applies to the manufacturer, not the retail store.
Indiana Code Quote (IC 34-20-2-3):
“A product liability action based on the doctrine of strict liability in tort may not be commenced or maintained against a seller of a product… unless the seller is a manufacturer of the product or of the part of the product alleged to be defective.”
Note: If the actual manufacturer is located in a foreign country and the court cannot hold jurisdiction over them, the law states that the “principal distributor or seller over whom a court may hold jurisdiction shall be considered… the manufacturer of the product” (IC 34-20-2-4).
Statute of Limitations & Statute of Repose (IC 34-20-3)
Deadlines in product liability cases are stricter than standard personal injury claims. Indiana applies both a Statute of Limitations (based on when you were hurt) and a Statute of Repose (based on when the product was originally sold).
Indiana Code Quote (IC 34-20-3-1(b)):
“…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.”
What does the 10-year rule mean?
If you are injured by a piece of machinery or a household item that was originally sold to its first owner more than 10 years ago, you are completely barred from suing the manufacturer – even if the product was clearly defective. (Note: The law provides a brief extension if the injury occurs in years 8, 9, or 10 after delivery).
Crucially, IC 34-20-3-1(a) states that these strict deadlines apply “regardless of minority or legal disability.” This means that unlike car accidents, the clock is not paused for minors in product liability cases.
Note: Cases involving asbestos exposure have special rules and exceptions under IC 34-20-3-2.
Injured by a Defective Product in Indiana?
Product liability cases require extensive investigations, hiring engineering experts, and fighting massive corporate legal teams. If you or a loved one has been injured by a defective or dangerous product, you need experienced legal representation. Do not wait, as the 10-year Statute of Repose could destroy your claim regardless of when you were injured.
Official Legal Sources
To read the complete text of the Indiana Code regarding Product Liability Causes of Action (Title 34, Article 20), visit the official Indiana General Assembly website:
- IC 34-20: CAUSES OF ACTION: PRODUCT LIABILITY
- IC 34-20-1: Chapter 1. General Provisions
- IC 34-20-2: Product Liability Actions
- IC 34-20-3: Statute of Limitations (Product Liability)
- IC 34-20-4: Chapter 4. Defective Products
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