A BILL TO BE ENTITLED
AN ACT to CLARIFY AND REFORM THE STATUTES OF LIMITATION AND REPOSE IN PRODUCT LIABILITY ACTIONS.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 1‑50 reads as rewritten:
"§ 1‑50.  Six years.
(a)	Within six years an action –
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	.…"
SECTION 2.  G.S. 99B‑2 reads as rewritten:
"§ 99B‑2.  Seller's opportunity to inspect; privity requirements for warranty claims.
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(b)	A claimant who is a buyer or a lessee, as defined in the Uniform Commercial Code, of the product involved, or who is a member or a guest of a member of the family of the buyer or lessee, a guest of the buyer or lessee, or an employee of the buyer or lessee may bring a product liability action directly against the manufacturer of the product involved for breach of implied warranty; and the lack of privity of contract shall not be grounds for the dismissal of such action."
SECTION 3.  Chapter 99B of the General Statutes is amended by adding a new section to read:
"§ 99B‑7. Limitation of actions; statute of repose.
(a)	The purpose of this section is to define in a single statute the time limits for commencing product liability actions, to protect the citizens, manufacturers, and sellers of North Carolina, and to reaffirm that the statute of repose for product liability actions does not apply to diseases.
(b)	All product liability actions, except those for wrongful death, shall be commenced within three years of the date on which the property damage or injury complained of occurs.
(c)	All product liability actions for wrongful death under G.S. 28A‑18‑2 shall be commenced within two years of the date of death, so long as the decedent's claim would not have been barred on the date of death by the provisions of subsections (d) and (e) of this section.
(d)	Except as provided in subsection (f) of this section, all product liability actions against manufacturers shall be commenced as follows:
(1)	For products manufactured in North Carolina, within six years after the date the product that allegedly caused the property damage, injury, or death was first sold or leased for use or consumption.
(2)	For products manufactured outside North Carolina, within the time allowed by the applicable statute of repose, if any, of the state or country where the product was manufactured, but in no event less than six years after the date the product that allegedly caused the property damage, injury, or death was first sold or leased for use or consumption. If the state or country where the product was manufactured does not have an applicable statute of repose, then the only limitations upon the commencement of a product liability action shall be as set forth in subsections (b) and (c) of this section.
(e)	Except as provided in subsection (f) of this section, all product liability actions against sellers shall be commenced as follows:
(1)	For products sold or leased by the defendant seller in North Carolina, within six years after the date the product that allegedly caused the property damage, injury, or death was first sold or leased for use or consumption.
(2)	For products sold or leased by the defendant seller outside North Carolina, within the time allowed by the applicable statute of repose, if any, of the state or country where the seller sold or leased the product, but in no event less than six years after the date the product that allegedly caused the property damage, injury, or death was first sold or leased for use or consumption. If the state or country where the seller sold or leased the product does not have an applicable statute of repose, then the only limitations upon the commencement of a product liability action shall be as set forth in subsections (b) and (c) of this section.
(f)	In all product liability actions in which a disease allegedly resulted from exposure to or use of the product, the date of injury under subsection (b) of this section shall be the date of diagnosis of the disease. Product liability actions involving claims for disease are not governed by the provisions of subsections (d) and (e) of this section.
(g)	If the manufacturer or seller asserts that the statute of repose in subsections (d) or (e) of this section bars the product liability action, the manufacturer or seller shall have the burden of proving when the repose period began.
(h)	The statutes of limitation and repose for product liability actions shall be subject to the tolling provisions of G.S. 1‑17 and G.S. 1‑22."
SECTION 4.  This act becomes effective October 1, 2009, and applies to causes of action that accrue on or after that date.