Sec. 4. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the physical harm is a misuse of the product by the claimant or any other person not reasonably expected by the seller at the time the seller sold or otherwise conveyed the product to another party.
Ind. Code § 34-20-6-4
Misuse of product
Applied in 8 court decisions — leading case Morgen v. Ford Motor Co. (2003)
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
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.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.