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Product liability insurance helps protect your business from claims that a product you made or sold caused bodily injury or property damage to someone else's belongings. An insurance company may offer this coverage as a standalone policy, but we include it as part of your general liability insurance.

I.C. 34- 20-5-1. a. Comparative Fault In a product liability action, the fault of the person suffering the physical harm, as well as the fault of all others who caused or contributed to cause the harm, shall be compared by the trier of fact in ance with I.C.

Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held liable regardless of their intent or knowledge.

What is the statute of limitations in Indiana product liability cases? The IPLA has a 2-year statute of limitations and a 10-year statute of repose, which applies regardless of minority or legal disability. Ind. Code § 34-20-3-1.

Defenses to Product Liability Lawsuits in Indiana and Understanding the IPLA Provisions Knowledge of the Defect: The plaintiff knew about the product's defect. Awareness of Danger: The plaintiff was aware of the potential danger associated with the product's defect.

Defendants in product liability cases frequently assert the defense that the use of the product by the plaintiff was “abnormal” or a “misuse” of the product. The argument is that the damages were caused by the user's negligent use of the product and not by any defect in the product.

Therefore, one avenue open to a defendant in a product liability case is to argue that the harm suffered by the plaintiff was a result of using the product in an unexpected and unforeseeable way. Thus, misuse can serve as a defense against liability.

The primary strict liability defense that focuses on the plaintiff's behavior is assumption of the risk. To prove assumption of the risk, the defendant must prove that the plaintiff knew of the hazard that ultimately injured him and confronted the hazard knowingly.

A standard clause that is intended for use in a supply of goods agreement, manufacturing agreement or distribution agreement, which deals with liability where there is a defect in the product.