Statutes of Repose Protect Manufacturers Not Consumers

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.

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 card 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. (Footnote)

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.