99B-4. Knowledge or reasonable care.
No manufacturer or seller shall be held liable in any product liability action if:
(1) The use of the product giving rise to the product liability action was contrary to any express and adequate instructions or warnings delivered with, appearing on, or attached to the product or on its original container or wrapping, if the user knew or with the exercise of reasonable and diligent care should have known of such instructions or warnings; or
(2) The user knew of or discovered a defect or dangerous condition of the product that was inconsistent with the safe use of the product, and then unreasonably and voluntarily exposed himself or herself to the danger, and was injured by or caused injury with that product; or
(3) The claimant failed to exercise reasonable care under the circumstances in the use of the product, and such failure was a proximate cause of the occurrence that caused the injury or damage complained of. (1979, c. 654, s. 1; 1995, c. 522, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 99B - Products Liability
§ 99B-1.2 - Breach of warranty.
§ 99B-2 - Seller's opportunity to inspect; privity requirements for warranty claims.
§ 99B-3 - Alteration or modification of product.
§ 99B-4 - Knowledge or reasonable care.
§ 99B-5 - Claims based on inadequate warning or instruction.
§ 99B-6 - Claims based on inadequate design or formulation.
§ 99B-10 - Immunity for donated food.