North Carolina Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
Let's say you buy a computer from a nearby electronics store, and when you get home, the product doesn't work ? that's at least a breach of the implied warranty. If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability.
Implied warranty: Merchantability; usage of trade. (1) Unless excluded or modified (G.S. 25-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.
Guaranteed to Work for Its Intended Purpose For the implied warranty of merchantability to be violated, the product must fail to work as it's normally used.
North Carolina has specific statutes regarding defective vehicles. A breach of the implied warranty of merchantability occurs when a product fails to perform in a manner that ordinary buyers of that particular product would expect.
North Carolina General Statute § 99B-1.1 specifically states that there is no strict liability in product liability actions. In other words, a manufacturer is not automatically liable when one of its products injures a person.
The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.
The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.
The basic statute of limitations in North Carolina for a product liability claim is set forth in N.C. Gen. Stat. § 1-52. It provides a 3 year statute of limitation.