Sec. 5. 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 modification or alteration of the product made by any person after the product's delivery to the initial user or consumer if the modification or alteration is the proximate cause of physical harm where the modification or alteration is not reasonably expectable to the seller.
Ind. Code § 34-20-6-5
Modification or alteration of product
Applied in 6 court decisions — leading case Smock Materials Handling Co., Inc. v. Kerr (1999)
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.