§ 28-01.4-04 — Useful safe life - Statute of repose - Statute of limitation

North Dakota § 28-01.4-04

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-01.4: Aviation Manufacturer Products Liability

Text

1. An aviation manufacturer may not be held liable in a product liability action if the
defendant establishes that the harm was caused after the period of useful safe life of
the aircraft or aircraft component had expired. The useful safe life of an aircraft or
aircraft component may be measured in units of time or in other units that accurately
gauge the useful safe life of a product.
2. In a claim for relief that involves injury more than ten years after the date of first
delivery of the aircraft or aircraft component to the first user, purchaser, or lessee, a
disputable presumption arises that the harm was caused after the useful safe life had
expired. The presumption may only be rebutted by clear and convincing evidence. If
the aviation manufacturer or seller expressly warrants that its product can be utilized
safely for a period longer than ten years, the period of repose is extended according to
the warranty or promise.
3. With respect to any aircraft component that replaced another product originally in, or
which was added to, the aircraft, and which is alleged to have caused the claimant's
damages, no claim for damages may be made after the useful safe life of the
component, the period stated in the warranty, or ten years after manufacture of the
component, whichever is later.
4. A product liability action may not be brought more than two years after the time the
claimant discovered, or in the exercise of due diligence should have discovered, the
harm and cause of the action.