§ 99E-42 – Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Limitation on liability.
99E-42. Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Limitation on liability. Except as set forth in G.S. 99E-43, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined in section 201(f) of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321(f), […]
§ 99E-43 – Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Exceptions to limit on liability.
99E-43. Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Exceptions to limit on liability. G.S. 99E-42 shall not preclude liability in a civil action in which the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by […]
§ 99E-44 – Construction of Article.
99E-44. Construction of Article. (a) Nothing in this Article shall be construed to create any new claim, right of action, or civil liability not previously existing under State law. (b) Nothing in this Article shall be construed to interfere with any agency’s exclusive or primary jurisdiction to find or declare violations of a food adulteration […]
§ 99E-50 – Definitions.
99E-50. Definitions. The following definitions apply in this Article: (1) Asbestos claim. – Any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including any of the following: a. The health effects of exposure to asbestos, including a claim […]
§ 99E-51 – Applicability.
99E-51. Applicability. The limitations in G.S. 99E-52 shall apply to any successor but shall not apply to any of the following: (1) Workers’ compensation benefits paid by or on behalf of an employer to an employee under the provisions of Chapter 97 of the General Statutes, or a comparable workers’ compensation law of another jurisdiction. […]
§ 99E-52 – Limitation on successor asbestos-related liability.
99E-52. Limitation on successor asbestos-related liability. (a) Except as further limited in subsection (b) of this section, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does […]
§ 99E-53 – Establishing fair market value of total gross assets.
99E-53. Establishing fair market value of total gross assets. (a) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under G.S. 99E-35 [G.S. 99E-52] through any method reasonable under the circumstances, including either of the following: (1) By reference to the going concern value of […]
§ 99E-54 – Adjustment.
99E-54. Adjustment. (a) Except as provided in subsections (b), (c), and (d) of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the following: (1) The prime rate as listed in the first edition of […]
§ 99E-23 – Duties of operators of skateboard parks.
99E-23. Duties of operators of skateboard parks. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and kneepads. (b) For any facility owned or operated by a governmental entity that is designed and maintained for the purpose of recreational […]
§ 99E-24 – Duties of persons engaged in hazardous recreational activities.
99E-24. Duties of persons engaged in hazardous recreational activities. (a) Any person who participates in or assists in hazardous recreational activities assumes the known and unknown inherent risks in these activities, irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself or other persons or property that result […]