Public-domain · open source
OpenJurist

Ind. Code § 34-20-2-2

Exercise of reasonable care; privity

Applied in 19 court decisions — leading case Lapsley v. Xtek, Inc. (2012)

Most recently applied in Campbell Hausfeld/Scott Fetzer Company v. Paul Johnson (November 2018)

As added by P.L.1-1998, SEC.15.

How often courts cite this section

20002010201840
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.