— Posts About Products Liability

New Laws Go Into Effect Today

A bunch of the new laws passed by the North Carolina legislature earlier this year go into effect today. The News and Observer highlights a few, including the statute of repose law that helps consumers injured by defective products. The N&O also has a more complete list of laws going into effect here.

Categories: General News Tags: , , ,

Bills Protecting Workers and Consumers Signed by Governor

The Statute of Repose Bill was signed by Governor Perdue on August 5, and becomes effective on October 1, 2009.  The text of the bill can be found here.

The Guaranty Fund Bill was signed by Governor Perdue on August 7, and becomes effective immediately.  The text of the bill can be found here.

Categories: Legislative Action Tags: , , , , ,

Statute of Repose Bill passes NC Legislature

The statute of repose acts as a time limit for people injured by defective products to file a claim in court.  North Carolina had a 6-year statute of repose, which unfairly limited the rights of people injured by a product bought more than 6 years ago.

Senate Bill 882 has passed the state House and Senate and is on the way to the governor for her signature.  The bill doubles the statute of repose to 12 years.  This is a big victory for consumers in North Carolina.  Burton Craige was instrumental in the passage of this legislation.

Categories: Legislative Action Tags: , , , ,

Burton Writes on Reforming the Statute of Repose

Burton Craige has written an article, entitled Reforming and Clarifying the Products Liability Statute of Repose, for an issue of Trial Briefs, the publication of the North Carolina Advocates for Justice. The article discusses possible reform of the time-limit law for lawsuits about defective products that injure people.

Summary: If Elaine had lived anywhere else in the United States, she could have brought suit against the SUV manufacturer. Thirty-three states and the District of Columbia have no statute of repose for products liability actions. Four states establish a presumptive ten- or twelve-year statute of repose that can be rebutted by evidence that the “useful safe life” of the product is longer or shorter. Two states establish a rebuttable presumption of no negligence if the product was first sold more than a certain period of time before the injury. Ten states have a fixed statute of repose that is significantly longer than North Carolina’s, ranging from ten to fifteen years. That leaves North Carolina as the lonely outlier. Saddled with an inflexible six-year statute of repose, North Carolinians have less protection against defective products than any other United States citizens.

Categories: News of the Firm Tags: , , , , , ,