In 2000, a pedestrian bridge collapsed at Lowe’s Motor Speedway in North Carolina, injuring more than 100 people. The cause of the accident is clear: the company that built the bridge used an improper additive in the cement–an additive that corroded the bridge’s steel cables and weakened the bridge to the point of collapse.
With liability so clear, the personal injury victims hurt in the fall might have expected that they’d have little difficulty recovering for their injuries, but a three-judge appellate panel ruled this week that the claims are barred by a state law that protects manufacturers from negligence claims after six years. The theory behind the statute is that all products are subject to detioration over time. However, its application in a construction case, where the “product” in question was clearly intended and expected to last for more than six years, creates a frightening precedent that could allow negligent workmanship to go unpunished–and injury victims to go uncompensated–so long as the “product” endures for more than six years.