A lot of people know about statutes
of limitations: they set a date after which a
person cannot bring a lawsuit. When a defective
product injures someone, the statute of limitations
often runs from when they discover or should have
discovered their injuries. This gives people time
to investigate their claims and file a lawsuit.
However, most people do not know
about product liability “statutes of repose.”
They too set a date after which an injured person
cannot bring a lawsuit. But they are very different
from a statute of limitations because they often
run from an arbitrary date – usually when
the product is purchased. So a statute of repose
can bar a lawsuit even before a defective product
hurts someone. Because this is so unfair, especially
with long-lasting durable goods, most states do
not even have a statute of repose; those that
do usually have very long ones – typically
10 or more years.
Unfortunately, North Carolina has
the worst statute of repose in the entire nation:
6 years from initial purchase for use or consumption,
though there is an important exception for “latent
diseases” caused by products. For example,
if someone took a drug like Vioxx or was exposed
to asbestos, and then later developed a medical
problem from it, the statute of repose would not
apply to their claims and they could still sue
the manufacturer.ˆ
But aside from the narrow “latent
disease” exception, if a defective product
hurts you in North Carolina 6 years and a day
after purchase, you cannot sue the manufacturer.
This is especially unfair when today’s products
last longer than ever. For example, while the
average car driven in 1970 was only 4.9 years
old, it was 8.6 years old in 2003. So if a defect
in an average 8.6 year old car hurts someone in
North Carolina today, the 6 year statute of repose
prevents them from suing the manufacturer.
It has been this way since 1979
when the North Carolina General Assembly passed
N.C. General Statute 1-50(b). And though the law
has been widely criticized, though it has denied
justice to many injured people, it persists. Victims
have unsuccessfully challenged it in court. Unsuccessful
bills to extend it to 15 years were introduced
in the General Assembly in 1997, 1999, and 2001,
but they were buried in committees and never voted
upon.
These legislative efforts have failed
because powerful corporate interests have quietly
swept this issue under the rug, and most people
do not know about this terrible law until they
or a loved one are hurt by a defective product;
only then do they discover that just because it
was purchased more than 6 years ago, the manufacturer
cannot be sued. Not even if the manufacturer knew
about the defect, knew that it would hurt people,
and did not care enough to do anything about it.
Not even if they could have fixed it for a few
pennies. Not even if they lied about it or covered
it up.
But while the
general public does not know about this unfair
law, big corporations do, and they have fought
for years to preserve it and protect their profits
at the expense of injured North Carolinians. This
unjust law must change and you can make a difference.
Be heard! Contact your elected representatives
and tell them to stand up against big corporations,
and to stand up for you and your family, by reforming
the products liability statute of repose. |
