An Analysis of Proposed Reform of Products Liability Statutes of Limitations
Jerry J. Phillips · University of North Carolina School of Law Scholarship Repository (University of North Carolina Hospitals) · 1978
Manufacturers contend there is currently a products liability "crisis," as evidenced by the soaring rates of products insurance premiums during the past few years.That these rates have gone up dramatically is beyond dispute.The reasons for the increase, however, are not clear.Manufacturers say the higher rates are principally due to the rapidly increasing size and frequency of products claims and recoveries in recent years.This development, they assert, is attributable to a greater willingness of courts and juries to permit recoveries in what manufacturers consider to be doubtful cases.Moreover, they contend that the controlling rules of law have been interpreted heavily against their interests.What is needed, they conclude, is remedial legislation, either at the state or federal level, to right the presently existing imbalance and unfairness in the law. 1 Of the various proposals that have been put forward, one receiving some of the strongest support from manufacturers is for reform of the products liability statutes of limitations.2 As the law presently stands, there are usually several statutes of limitations potentially applicable to a products cause of action, with the plaintiff often determining the choice of statute by how he elects to plead his claim.3 Manufacturers believe there should be only one statute of limitations applicable to a products liability cause of action.4 There is some merit to this proposition, since it makes little sense to give the plaintiff a different limitations period depending, for example, on whether he pleads strict liability in tort or strict liability in implied warranty.It is hard to reduce the problem to a single solution, however, because certain aspects of products litigation may dictate different limitations