Ward & Ward

About Ward & Ward

Liability in asbestos cases is frequently shared among multiple parties. The manufacturer that produced the asbestos-containing product, the employer that required or permitted its use, the building owner that failed to disclose its presence, and the distributor or supplier can all bear responsibility. Indiana’s modified comparative fault rule under Indiana Code § 34-51-2-6 applies. If the injured party’s own fault exceeds 50 percent, recovery is barred. Under Indiana’s product liability statute, Indiana Code § 34-20-3-2 provides a specific limitations provision for asbestos-related claims: the two-year statute of limitations begins running on the date the injured person knows they have an asbestos-related disease, not from the date of exposure.

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