Section 34-20-8-1 - Assessment of percentage of fault(a) In a product liability action, the fault of the person suffering the physical harm, as well as the fault of all others who caused or contributed to cause the harm, shall be compared by the trier of fact in accordance with IC 34-51-2-7, IC 34-51-2-8, or IC 34-51-2-9.(b) In assessing percentage of fault, the jury shall consider the fault of all persons who contributed to the physical harm, regardless of whether the person was or could have been named as a party, as long as the nonparty was alleged to have caused or contributed to cause the physical harm.Pre-1998 Recodification Citations: subsection (a) formerly 33-1-1.5-10(b); subsection (b) formerly 33-1-1.5-10(c).
As added by P.L. 1-1998, SEC.15. Amended by P.L. 1-1999, SEC.71.