106 N.C. App. Under a claim based on negligence, a manufacturer has the duty to use reasonable care throughout the manufacturing process, including making sure the product is free of any potentially dangerous defect in manufacturing or design. An inference of a manufacturer's negligence arises upon proof of an actual defect in the product. Thus, a products liability claim based on breach of warranty is not dependent upon a showing of negligence. There is some dispute among the courts as to whether the plaintiff has the burden of showing the specific nature of the product defect in a products liability action.
Some courts require plaintiff to prove the product defect with particularity.
Other courts, and apparently the majority view, hold a product defect is properly inferred from evidence of the product's malfunction in ordinary use, whether the products liability claim is grounded in tort or warranty. E.g., Mitchell v. Although our North Carolina courts have not specifically addressed this issue, our courts have permitted an inference of a product defect upon a showing the product malfunctioned after the product had been put to ordinary use. We hold in a products liability action, based on tort or warranty, a product defect may be inferred from evidence of the product's malfunction, if there is evidence the product had been put to its ordinary use. Plaintiff argues there exists genuine issues of material fact regarding whether the flourescent light fixture and ballast at issue were fit for the ordinary purpose for which such goods are used, thus, supporting its claim of products liability based on breach of implied warranty of merchantability.