Sec. 15. The burden of proof of a nonparty defense is upon the defendant, who must affirmatively plead the defense. However, this chapter does not relieve the claimant of the burden of proving that fault on the part of the defendant or defendants caused, in whole or in part, the damages of the claimant.
Ind. Code § 34-51-2-15
Nonparty defense; burden of proof
Applied in 13 court decisions — leading case Owens Corning Fiberglass Corp. v. Cobb (2001)
Most recently applied in USF Holland, Inc. v. Radogno, Cameli, and Hoag, P.C. (December 2014)
As added by P.L.1-1998, SEC.47.
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.