N.C.P.I.—Civil 744.18

NOTE WELL: N.C. Gen. Stat. § 1-46.1 was amended,1

effective October 1, 2009, and applying to causes of

action that accrue on or after that date. Also effective

October 1, 2009, N.C. Gen. Stat. § 1-50 (a)(6) was

repealed. These amendments increased the statute of

limitations and repose in products liability actions fron

six to twelve years.

If the cause of action at trial accrued before October 1,

2009, this instruction should be modified by

substituting "six years," the limitation previously set by

N.C. Gen. Stat. § 1-50 (a)(6), for "twelve years."

The (state number) issue reads:

“Did the plaintiff file this action within twelve years of the date of

the initial purchase of the (state name of product) for use or

consumption?”

If you have answered the (state number) issue “Yes” in favor of the

plaintiff, the plaintiff's claim may nonetheless be legally barred by what

is called the statute of limitations.2 The law provides that a lawsuit

claiming damages for personal injury, death or damage to property based

upon or arising out of any alleged defect, or any failure, in relation to a

product must be filed within twelve years of the date of the initial

purchase of that product for use or consumption.3 The plaintiff filed the

present lawsuit on (state date of filing of products liability action).

On this issue, the burden of proof is on the plaintiff. 4 This means

that the plaintiff must prove, by the greater weight of the evidence, that

the (state name of product) at issue in this lawsuit was initially

purchased for use or consumption less than twelve years before (state

date of filing of products liability action).

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence, that the plaintiff

filed this action within twelve years of the date the (state name of

product) was initially purchased for use or consumption, then it would be

your duty to answer this issue “Yes” in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue “No” in favor of the defendant.