North Carolina
How Barker v. Lull Engineering Co., Inc. applies in North Carolina: state-specific rules, key cases, and bar exam notes for Torts (Products Liability).
North Carolina follows the principle established in Barker that a manufacturer may be held strictly liable if a product is defectively designed and unreasonably dangerous. The focus is on the product's design and whether it poses a risk beyond what an ordinary consumer would expect.
In North Carolina, the rule is that a plaintiff must demonstrate that the product, as designed, posed a substantial risk of harm that could have been avoided by a practical alternative design.
Held that product design must reflect a balance between utility and safety, determining liability based on consumer expectations.
Established consumer expectation as a key factor in assessing product safety and defectiveness.
Found that the burden is on the defendant to demonstrate that the product was not defectively designed.
North Carolina's approach closely aligns with the Restatement (Third) of Torts, which emphasizes the balance between risk and utility in product design. This contrasts with some federal standards that may require greater emphasis on empirical testing and expert testimony to establish defectiveness.
Torts, particularly products liability, featuring case analysis like Barker is a common topic on the North Carolina bar exam, frequently involving design defect issues.