Ind. Code ch. 34-20-6

in effect

Ind. Code § 34-20-6-1 Applicability of defenses

Sec. 1. The defenses in this chapter are defenses to an action brought under this article (or IC 33-1-1.5 before its repeal). [Pre-1998 Recodification Citation: 33-1-1.5-4(a) part.] As added by P.L.1-1998, SEC.15.

Ind. Code § 34-20-6-2 Burden of proof

Sec. 2. The burden of proof of any defense raised in an action under this article (or IC 33-1-1.5 before its repeal) is on the party raising the defense. [Pre-1998 Recodification Citation: 33-1-1.5-4(a) part.] As added by P.L.1-1998, SEC.15.

Ind. Code § 34-20-6-3 Use of product with knowledge of defect or danger

Sec. 3. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that the user or consumer bringing the action: (1) knew of the defect; (2) was aware of the danger in the product; and (3) nevertheless proceeded to make use of the product and was injured. [Pre-1998 Recodification Citation: 33-1-1.5-4(b) part.] As added by P.L.1-1998, SEC.15.

Ind. Code § 34-20-6-4 Misuse of product

Sec. 4. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the physical harm is a misuse of the product by the claimant or any other person not reasonably expected by the seller at the time the seller sold or otherwise conveyed the product to another party. [Pre-1998 Recodification Citation: 33-1-1.5-4(b) part.] As added by P.L.1-1998, SEC.15.

Ind. Code § 34-20-6-5 Modification or alteration of product

Sec. 5. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the physical harm is a modification or alteration of the product made by any person after the product's delivery to the initial user or consumer if the modification or alteration is the proximate cause of physical harm where the modification or alteration is not reasonably expectable to the seller. [Pre-1998 Recodification Citation: 33-1-1.5-4(b) part.] As added by P.L.1-1998, SEC.15.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026