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.
[Pre-1998 Recodification Citation: 34-4-33-10(b).]
As added by P.L.1-1998, SEC.47.
Structure Indiana Code
Title 34. Civil Law and Procedure
Chapter 2. Compensatory Damages: Comparative Fault
34-51-2-1. Applicability of Chapter
34-51-2-2. Governmental Entities and Public Employees Excepted
34-51-2-4. Defendant as Single Party
34-51-2-5. Effect of Contributory Fault
34-51-2-6. Barring of Recovery; Degree of Contributory Fault
34-51-2-7. Jury Instructions; Single Party Defendant
34-51-2-8. Jury Instructions; Multiple Defendants
34-51-2-9. Trial Without Jury; Award of Damages
34-51-2-10. Intentional Torts; Full Recovery of Damages From Convicted Defendant
34-51-2-11. Forms of Verdicts; Disclosure Requirements
34-51-2-12. Contribution; Indemnity
34-51-2-13. Inconsistent Verdicts
34-51-2-14. Nonparty Defense; Assertion
34-51-2-15. Nonparty Defense; Burden of Proof
34-51-2-16. Nonparty Defense; Pleadings
34-51-2-17. Nonparty Defense; Medical Malpractice Claims
34-51-2-19. Liens or Claims to Diminish in Same Proportion as Claimant's Recovery Is Diminished