Unsafe Products and NC's Statue of Repose
Posted by
Christina MedlinMay 18, 2007 8:02 AMA statute of repose normally applies in products liability cases and are enacted to limit the liability of manufacturers and sellers. A statute of repose begins to run from a certime time or event regardless of whether any claim has come about or any injury has occurred. NC consumers have protection for 6 years from the date of purchase of a product (regardless of what type of product). After 6 years, products can seriously injure, you and your children and the manufacturer is removed from any liability!
For example, most cars are more than 6 years old, say you are driving your 2000 vehicle, and a defective airbag or automatic seatbelt injures you or your children in North Carolina, the 6 year statue of repose prevents you from suing the manufacturer. The NC General Assembly is considering H 1343, which will increase the statue of repose to 15 years, however this bill may meet the same fate as bills introduced in 1997, 1999 and 2001 - failure!
The statute of repose has stayed at 6 years since 1973 simply because the business lobby and major corporations have fought for this law to remain the same. Under the current economic downturn, increased unemployment, and corporate incentives to lure industry and business to NC, NC legislators can't afford to change a law that would discourage businesses from locating and doing business in NC.
With all things political, NC legislators would rather risk the safety of families and children than take a stand against business and industry!
Keep track of H 1343.