(a)        No manufacturer or seller of a product shall be held liable in any product liability action where a proximate cause of the personal injury, death, or damage to property was either an alteration or modification of the product by a party other than the manufacturer or seller, which alteration or modification occurred after the product left the control of such manufacturer or such seller unless:

(1)        The alteration or modification was in accordance with the instructions or specifications of such manufacturer or such seller; or

(2)        The alteration or modification was made with the express consent of such manufacturer or such seller.

(b)        For the purposes of this section, alteration or modification includes changes in the design, formula, function, or use of the product from that originally designed, tested, or intended by the manufacturer.? It includes failure to observe routine care and maintenance, but does not include ordinary wear and tear. (1979, c. 654, s. 1; 1995, c. 522, s. 1.)

Terms Used In North Carolina General Statutes 99B-3

  • Manufacturer: means a person or entity who designs, assembles, fabricates, produces, constructs or otherwise prepares a product or component part of a product prior to its sale to a user or consumer, including a seller owned in whole or significant part by the manufacturer or a seller owning the manufacturer in whole or significant part. See North Carolina General Statutes 99B-1
  • Product liability action: includes any action brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, selling, advertising, packaging, or labeling of any product. See North Carolina General Statutes 99B-1
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Seller: includes a retailer, wholesaler, or distributor, and means any individual or entity engaged in the business of selling a product, whether such sale is for resale or for use or consumption. See North Carolina General Statutes 99B-1
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