Use of product with knowledge of defect or danger
Applied in 8 court decisions — leading case Hopper v. Carey (1999)
Most recently applied in Campbell Hausfeld/Scott Fetzer Company v. Paul Johnson (November 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. 3. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that the user or consumer bringing the action:
(1) knew of the defect;
(2) was aware of the danger in the product; and
(3) nevertheless proceeded to make use of the product and was injured.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.