Failure to provide adequate warnings or instructions
Applied in 5 court decisions — leading case Hammons, P. v. Ethicon, Inc. (2018)
Most recently applied in Hammons, P. v. Ethicon, Inc. (June 2018)
As added by P.L.1-1998, SEC.15.
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. A product is defective under this article if the seller fails to:
(1) properly package or label the product to give reasonable warnings of danger about the product; or
(2) give reasonably complete instructions on proper use of the product;
when the seller, by exercising reasonable diligence, could have made such warnings or instructions available to the user or consumer.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.