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

Codes > Indiana Code > Title 34 > Article 20 : Chapter 2 > 34-20-2-2 Exercise

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

    Sec. 2. 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.