Statute of Limitations for Product Liability

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In North Carolina, product liability suits brought under the theories of strict liability or negligence must be filed within three years after the cause of action occurred. N.C.G.S. § 1-52. A "cause of action" does not occur until the plaintiff became aware of the injury or should have become aware of the injury. Everhart v. Sowers, 63 N.C. App. 747, 306 S.E.2d 472 (1983). If you do not file a lawsuit within this time, you cannot sue.

If the lawsuit is based on contract law, as in the case of a breach of warranty, you must file it within three years after the cause of action occurred. N.C.G.S. § 1-52. A "cause of action" here does not occur until the breach of contract occurs, even if the harmful consequences of the breach were not discovered or discoverable at the time. Brantley v. Dunstan, 10 N.C. App. 706, 179 S.E.2d 878 (1971). If you do not file a lawsuit within this time, you cannot sue.

In addition to typical statutes of limitations, state legislatures have also enacted special statutes of limitations for certain types of actions to put outside time limits on certain types of lawsuits. These are referred to as statutes of repose. Statutes of repose typically place an outside limit (usually 10, 15 or 20 years) on certain types of lawsuits, regardless of when the injury is discovered. In North Carolina, injured victims cannot file a product liability suit if the product was sold more than 6 years or more before the injury. N.C.G.S. § 1-50. The legislative purpose behind this law is to protect North Carolina manufacturers and designers as well as the courts from stale claims based on injuries that occurred long after the manufacturer participated in the transaction. Boudreau v. Baughman, 86 N.C. App. 165, 356 S.E.2d 907 (1987).

In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries. If you or a loved one has been injured by a product of any kind, call Mills Levine, Attorneys at Law now at 877-660-4357 toll free, 704-660-1770 local or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.