Exercise of reasonable care; privity
Sec. 2. The rule stated in section 1 of this chapter applies
although:
(1) the seller has exercised all reasonable care in the
manufacture and preparation of the product; and
(2) the user or consumer has not bought the product from or
entered into any contractual relation with the seller.
However, in an action based on an alleged design defect in the
product or based on an alleged failure to provide adequate warnings
or instructions regarding the use of the product, the party making the
claim must establish that the manufacturer or seller failed to exercise
reasonable care under the circumstances in designing the product or
in providing the warnings or instructions.
As added by P.L.1-1998, SEC.15.
Last modified: May 24, 2006