North Carolina Federal Court Dismisses Product Liability Action Against Herbicide Manufacturer

The U.S. District Court for the Middle District of North Carolina dismissed a pro se plaintiff’s action against a herbicide manufacturer, which alleged that the plaintiff was injured and his employer’s property was damaged when a pump sprayer filled with the herbicide ruptured.  The complaint asserted claims for negligence, negligent misrepresentation, fraud, strict liability (manufacturing defect), strict liability (failure to warn), and breach of implied warranty.  The court found that even under the liberal pleading standards granted to pro se litigants, the plaintiff’s complaint failed to state a claim.  Specifically, North Carolina does not recognize strict liability for product liability actions and, further, does not recognize claims for negligent misrepresentation in the context of a personal injury claim.  Rather, actions for negligent misrepresentation are limited to situations in which a plaintiff suffers pecuniary loss due to supplying false information for the purpose of guiding plaintiff in a business transaction.  With respect to the plaintiff’s negligence claims the court found that the complaint was unclear as to the basis of the claim, the failure to properly label the product or a manufacturing defect.  Likewise, the complaint did not clearly state who allegedly breached a duty—the herbicide manufacturer or the third-party company that manufactured the sprayer.  As to the breach of implied warranty claims, the plaintiff failed to allege that the herbicide was defective at purchase or to outline what damages had been suffered.