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What is the Statute of Repose for Defective Products in North Carolina?

By Brown Moore

August 17, 2020

Home News & Resources What is the Statute of Repose for Defective Products in North Carolina?

No one should ever have to worry about whether or not a product that they purchase will cause harm to themselves or their family members. Unfortunately, faulty products find their way into American households on a regular basis. When this happens, families are often able to secure compensation for what happened through product liability lawsuits. However, there are various timelines in place the victims need to be aware of when it comes to filing these lawsuits. Here, the Charlotte product liability attorneys at Brown, Moore & Associates, PLLC want to discuss the statute of limitations and the statute of repose.

The Initial Deadline For Product Liability Cases In North Carolina

Every state is responsible for setting deadlines for how long victims have to file lawsuits in personal injury cases. These deadlines are called the statute of limitations. In North Carolina, the statute of limitations in place for product liability cases is three years from the date the injury or illness occurs. If an injury victim fails to file a lawsuit against an alleged negligent company or manufacturer in these incidents within the three-year window, they will lose the ability to recover any compensation for their losses. 

However, the personal injury statute of limitations for these cases is not the only deadline the victims need to be aware of. 

The North Carolina Statute Of Repose For Product Liability Cases

When it comes to defective product cases, every state also has a statute of repose in place. This statute of repose is the deadline in place that allows for lawsuits against manufacturers of defective products for only a limited amount of time after the product first goes up for sale. 

In North Carolina, the statute of repose changed in October of 2009. For any product sold after October 1, 2009, the statute of repose is 12 years after the date of the initial purchase or consumption of the product in question (not to the victim, but the date of first sale or consumption by anyone). An exception to this is the statute of repose in place for improvements to real property, which will remain at the previous six-year limitation that was in place under North Carolina law. 

The statute of repose can affect a person’s ability to file a claim even if their claim is within the three-year statute of limitations in place in North Carolina for personal injury cases. The statute of limitations begins running the date the injury occurs. However, if a victim is injured by a product towards the end of or passed that product’s statute of repose, then it may very well be too late to file a personal injury claim. 

Let Us Help With Your Charlotte Product Liability Case

If you or somebody you love has sustained an injury or illness caused by a defective product, contact the team at Brown, Moore & Associates, PLLC for help with your case today. We pledge to conduct a full investigation into the incident so we can secure the compensation you deserve. This can include coverage of your medical bills, lost wages, pain and suffering damages, and more. When you need a Charlotte product liability attorney, you can contact us for a free consultation of your case by clicking here or calling us at 1-800-948-0577.