NC General Statutes

N.C. Gen. Stat. § 99B-1 (2026)

Definitions

✓ current as of July 2026

Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 99B CornellLII Search CasesGoogle Scholar

When used in this Chapter, unless the context otherwise requires:

(1) "Claimant" means a person or other entity asserting a claim and, if said claim is asserted on behalf of an estate, an incompetent or a minor, "claimant" includes plaintiff's decedent, guardian, or guardian ad litem.

(2) "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.

(3) "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.

(4) "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. "Seller" also includes a lessor or bailor engaged in the business of leasing or bailment of a product. (1979, c. 654, s. 1; 1995, c. 522, s. 1.)

Notes of Decisions

Cited in 49 cases (9 in the last 5 years), 1986–2026 · leading case: Sparks v. Oxy-Health, LLC, 134 F. Supp. 3d 961 (E.D.N.C. 2015).

Sort: Relevance Newest Treatment

Sparks v. Oxy-Health, LLC, 134 F. Supp. 3d 961 (E.D.N.C. 2015). · cites it 22× “See generally, N.C. Gen.Stat. § 99B-1(2) (defining “manufacturer” as “a person or entity who designs, assembles, fabricates, produces, constructs or otherwise prepares a product or component part of a product”).”

DeWitt v. Eveready Battery Co., Inc., 565 S.E.2d 140 (N.C. 2002). · cites it 6× “" N.C.G.S. § 99B-1(3). Pursuant to the Act, a plaintiff may base a products liability action against a manufacturer or seller on contract principles of breach of warranty.”

Harbour Point Homeowners'assoc., Inc. Ex Rel. Bd. of Dir. v. Djf Enter., 697 S.E.2d 439 (N.C. Ct. App. 2010). · cites it 8× “A product liability claim pursuant to N.C. Gen. Stat. § 99B-1 et. seq. against Georgia-Pacific Corporation.”

Red Hill Hosiery Mill, Inc. v. Magnetek, Inc., 530 S.E.2d 321 (N.C. Ct. App. 2000). · cites it 9× “It is further alleged the ballast and fluorescent light fixture, purchased in 1991, were “designed, manufactured and/or distributed by [Defendants” who are, pursuant to “N.C.G.S. § 99B-1,” responsible for the damage.”

Stark Ex Rel. Jacobsen v. Ford Motor Co., 693 S.E.2d 253 (N.C. Ct. App. 2010). · cites it 12× “§ 99B-3, as follows: (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…”

Champs Convenience Stores, Inc. v. United Chem. Co., 406 S.E.2d 856 (N.C. 1991). · cites it 6× “Admittedly, N.C.G.S. § 99B-1(3) defines a product liability action as including 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,…”

Stark Ex Rel. Jacobsen v. Ford Motor Co., 723 S.E.2d 753 (N.C. 2012). · cites it 6× “Plaintiffs and defendant disagree whether the legislature intended the word "party" in section 99B-3 to have a broad, general meaning or a narrow, technical meaning. The legislature has not defined the word "party" in the statute, see id.”

Moore v. Coachmen Indus., Inc., 499 S.E.2d 772 (N.C. Ct. App. 1998). · cites it 4× “Statute of Limitations North Carolina’s Product Liability Act, N.C. Gen. Stat. § 99B-1, et seq., provides that one who has suffered “personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of…”

Durkee v. C.H. Robinson Worldwide, Inc., 765 F. Supp. 2d 742 (W.D.N.C. 2011). · cites it 4× “The system was manufactured by Geologic which is alleged to be a manufacturer pursuant to N.C. Gen.Stat. § 99B-1. 4 [Id., at 23]. In the Complaint, it is alleged that Geologic failed to exercise reasonable care and was negligent in that it manufactured the Geologic texting…”

Fontenot Ex Rel. Est. of Turner v. Taser Int'l, Inc., 736 F.3d 318 (4th Cir. 2013). · cites it 4× “Fontenot, as administrator of Turner’s estate, filed a complaint against TI in a North Carolina Superior Court alleging negligence under North Carolina’s product liability act, N.C. Gen.Stat. §§ 99B-1 through 99B-11 (the product liability act).”

Morrison v. Sears, Roebuck & Co., 354 S.E.2d 495 (N.C. 1987). · cites it 3× “" N.C.G.S. § 99B-1(3) (1986) (emphasis added).”

Nicholson v. Am. Saf. Util. Corp., 476 S.E.2d 672 (N.C. Ct. App. 1996). · cites it 4× “See G.S. § 99B-1(2). Plaintiff’s products liability claim against ASU predicated upon breach of implied warranty was therefore barred, and entry of summary judgment in favor of ASU on this issue was not error.”

Show all 49 citing cases →

— N.C. Gen. Stat. § 99B-1(1) — 1 case

Fontenot Ex Rel. Est. of Turner v. Taser Int'l, Inc., 736 F.3d 318 (4th Cir. 2013). “Fontenot, as administrator of Turner’s estate, filed a complaint against TI in a North Carolina Superior Court alleging negligence under North Carolina’s product liability act, N.C. Gen.Stat. §§ 99B-1 through 99B-11 (the product liability act).”

— N.C. Gen. Stat. § 99B-1(2) — 9 cases

Sparks v. Oxy-Health, LLC, 134 F. Supp. 3d 961 (E.D.N.C. 2015). “See generally, N.C. Gen.Stat. § 99B-1(2) (defining “manufacturer” as “a person or entity who designs, assembles, fabricates, produces, constructs or otherwise prepares a product or component part of a product”).”

Nicholson v. Am. Saf. Util. Corp., 476 S.E.2d 672 (N.C. Ct. App. 1996). “See G.S. § 99B-1(2). Plaintiff’s products liability claim against ASU predicated upon breach of implied warranty was therefore barred, and entry of summary judgment in favor of ASU on this issue was not error.”

Red Hill Hosiery Mill, Inc. v. Magnetek, Inc., 530 S.E.2d 321 (N.C. Ct. App. 2000). “It is further alleged the ballast and fluorescent light fixture, purchased in 1991, were “designed, manufactured and/or distributed by [Defendants” who are, pursuant to “N.C.G.S. § 99B-1,” responsible for the damage.”

Durkee v. C.H. Robinson Worldwide, Inc., 765 F. Supp. 2d 742 (W.D.N.C. 2011). “The system was manufactured by Geologic which is alleged to be a manufacturer pursuant to N.C. Gen.Stat. § 99B-1. 4 [Id., at 23]. In the Complaint, it is alleged that Geologic failed to exercise reasonable care and was negligent in that it manufactured the Geologic texting…”

Crews v. W. A. Brown & Son, Inc., 416 S.E.2d 924 (N.C. Ct. App. 1992).

— N.C. Gen. Stat. § 99B-1(3) — 27 cases

DeWitt v. Eveready Battery Co., Inc., 565 S.E.2d 140 (N.C. 2002). “" N.C.G.S. § 99B-1(3). Pursuant to the Act, a plaintiff may base a products liability action against a manufacturer or seller on contract principles of breach of warranty.”

Champs Convenience Stores, Inc. v. United Chem. Co., 406 S.E.2d 856 (N.C. 1991). “Admittedly, N.C.G.S. § 99B-1(3) defines a product liability action as including 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,…”

Morrison v. Sears, Roebuck & Co., 354 S.E.2d 495 (N.C. 1987). “" N.C.G.S. § 99B-1(3) (1986) (emphasis added).”

— N.C. Gen. Stat. § 99B-1(4) — 1 case

Moore v. Richmen Enters., LLC (N.C. Ct. App. 2026).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.