§ 99B-4. Knowledge or reasonable care. - North Carolina Statutes

§99B‑4.  Knowledge or reasonable care.

No manufacturer or sellershall be held liable in any product liability action if:

(1)        The use of theproduct giving rise to the product liability action was contrary to any expressand adequate instructions or warnings delivered with, appearing on, or attachedto the product or on its original container or wrapping, if the user knew orwith the exercise of reasonable and diligent care should have known of suchinstructions or warnings; or

(2)        The user knew of ordiscovered a defect or dangerous condition of the product that was inconsistentwith the safe use of the product, and then unreasonably and voluntarily exposedhimself or herself to the danger, and was injured by or caused injury with thatproduct; or

(3)        The claimant failedto 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 injuryor damage complained of. (1979, c. 654, s. 1; 1995, c. 522, s. 1.)