What is an “implied warranty” defense to a product liability claim?

An implied warranty defense to a product liability claim is a type of legal defense in North Carolina that states that a product user should assume that certain warranties apply to the product, even if these warranties are not written or expressed. This type of product liability defense is based on common sense and the understanding that products should be safe for use and should not cause harm. Under North Carolina’s dangerous products law, the implied warranty defense states that “where any product is distributed in this State and the use of the product causes personal injury or death, it shall be deemed to be impliedly warranted that the product was manufactured, designed, and distributed in a safe manner.” If the product is found to be unsafe, the manufacturer, distributor, retailer, or any other businesses involved in the product’s distribution can be held liable for damages, injury, or death. The implied warranty defense is a protection for consumers from harm due to dangerous products. Manufacturers and others have an obligation to make sure that products are safe for use, even if this is not explicitly stated. Furthermore, the implied warranty defense provides the consumer with the legal resources needed to hold the responsible parties, such as manufacturers, liable for any harm caused by a dangerous product.

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What is an “implied warranty” defense to a product liability claim?

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