Showing posts from February, 2020

Indiana Product Liability Act's Statute of Repose: The Rebuilding, Reconstructing, Reconditioning Exception

In 1978, the Indiana legislature enacted the Indiana Product's Liability Act ("IPLA").  As some legal scholars have noted, the IPLA is  “marked by ambiguities, opaque definitions, incompleteness, inconsistencies, inequities, provisions subject to likely constitutional challenge, a general violation of the state constitution’s one subject rule, and general evidence of very hasty draftmanship.”.  John F. Vargo, Product Liability, 12 Ind. L. Rev. 227, 255 (1979). This article addresses one section of the IPLA, namely, the IPLA's  statute of repose ("SOR") now codified at I.C. § 34-20-3-1(b) which provides, in relevant part, that: [A] product liability action must be commenced: (1) within two (2) years after the cause of action accrues;  or (2) within ten (10) years after the delivery of the product to the initial user or consumer. However, if the cause of action accrues at least eight (8) years but less than ten (10) years after that