Defenses to Product Liability Lawsuits in Indiana and Understanding the IPLA Provisions

Product liability lawsuits can have significant consequences for manufacturers and sellers in Indiana. When faced with such claims, defendants may invoke various defenses provided by the Indiana Product Liability Act (IPLA) to protect themselves. Key defenses under the IPLA include incurred risk, product misuse, and modification or alteration of a product.

The Incurred Risk Defense

The IPLA’s incurred risk defense comes into play when a plaintiff alleges that a product is defective and caused their injury. To successfully assert this defense, a defendant must show the following:

1. Knowledge of the Defect: The plaintiff knew about the product’s defect.
2. Awareness of Danger: The plaintiff was aware of the potential danger associated with the product’s defect.
3. Proceeded to Use: Despite being aware of the defect and danger, the plaintiff chose to use the product and was subsequently injured.

Under Indiana Code § 34-20-6-3, this defense allows a defendant to argue that the plaintiff willingly took on the risk associated with the product and, therefore, should not be entitled to compensation.

Misuse of the Product Defense

The misuse defense is invoked when a plaintiff’s injury results from the misuse of the product. Under Indiana Code § 34-20-6-4, the misuse defense applies if the seller could not have reasonably expected the misuse by the plaintiff or another person. This defense, if proven, means that the defendant is not be liable for resulting injuries if the product was used contrary to its intended or reasonably foreseeable use and that misuse caused the injuries.

Modification or Alteration Defense

Under Indiana Code § 34-20-6-5, the modification or alteration defense applies when a plaintiff’s injury is caused by any person’s modification or alteration of the product after the product’s delivery to the initial user or consumer. Similar to the misuse defense, the manufacturer or seller must not have reasonably expected the modification or alteration for this defense to be valid. If the product was changed in a way the defendant could not have reasonably foreseen, they may not be liable for the resulting harm.

It Starts at the Advertisement and Sale Stage

Lastly, manufacturers and sellers should note that product liability defenses often start at the advertisement and sale stage because these are critical points in a product’s lifecycle where manufacturers and sellers can take actions to mitigate their potential liability in the event of a lawsuit. During the advertisement and marketing of a product, manufacturers and sellers have an opportunity to communicate any potential risks or limitations associated with the product. By providing comprehensive and accurate information to consumers, they can help set realistic expectations and reduce the likelihood of later claims that consumers were not adequately warned about product risks.

Also, providing clear and conspicuous warnings and instructions with the product may strengthen a manufacturer or seller’s use of the listed defenses if they find themselves facing a product liability lawsuit. These warnings can inform consumers of potential risks associated with the product’s use and guide how to use it safely. If a consumer disregards these warnings or misuses the product, the manufacturer or seller can argue that they fulfilled their duty to provide adequate instructions and warnings.

If you are looking to hire a lawyer to help you better understand how to protect your business from product liability lawsuits, contact McNeelyLaw today. Our experienced team of business attorneys can help protect your interests and ensure compliance with legal requirements.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.