§ 99B-3. Alteration or modification of product. - North Carolina Statutes

§99B‑3.  Alteration or modification of product.

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

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

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

(b)        For the purposes ofthis 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 careand maintenance, but does not include ordinary wear and tear. (1979,c. 654, s. 1; 1995, c. 522, s. 1.)