NORTH CAROLINA

Negligence / Personal Injury
3 Years

Within three years an action--
(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated. N.C. Gen. Stat. Ann. § 1-52

Statue of Repose - (16) Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1-15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action. N.C. Gen. Stat. Ann. § 1-52

Toxic Tort
3 Years Within three years an action--
(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated. N.C. Gen. Stat. Ann. § 1-52
Wrongful Death
2 Years Within two years--
(4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A-18-2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1-15(c) or 1-52(16), no action for his death may be brought. N.C. Gen. Stat. Ann. § 1-53
Medical Malpractice
3 Years Statute governing accrual of cause of action for malpractice arising out of performance or failure to perform professional services establishes a four-year statute of repose and a three-year statute of limitations. N.C.G.S.A. § 1-15(c)

(c) Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: **795 Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: ...N.C.G.S.A. § 1-15(c) Sharp v. Teague 113 N.C.App. 589, 439 S.E.2d 792 N.C.App.,1994. February 15, 1994 Udzinski v. Lovin 159 N.C.App. 272, 583 S.E.2d 648 N.C.App.,2003.
Malpractice (Other Professions)
Products Liability
3 Years

Within three years an action--
(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated. N.C. Gen. Stat. Ann. § 1-52

Discovery:

The limitation for actions based on fraud or on negligence is three years. N.C.Gen.Stat. § 1-52 (1969). With respect to claims based on negligence, the cause of action accrues when the wrong is committed. Shearin v. Lloyd, 246 N.C. 363, 98 S.E.2d 508 (1958).3 In contrast, a cause of action based on fraud, including forgery, does not accrue until discovery. N.C.Gen.Stat. § 1-52(9) (1969); Cooper v. Floyd, 9 N.C.App. 645, 177 S.E.2d 442 (1970). Ford Motor Credit Co. v. Minges, 473 F.2d 918, 922 (4th Cir. 1973)

Fraud
3 Years For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. N.C. Gen. Stat. §1-52(9)
Municipal Liability/Sovereign Immunity
2 Years unless statute states otherwise.
Discovery Rule
See specific rules above.
Comparative Negligence
No comparative negligence.
Charitable Immunity
Abolished
Disabilities
Infants (18th birthday + 3 years maximum), incompetents, or insane persons granted normal SOL upon removal of disability, except in malpractice where if infant, maximum is age 19.
Punitive Damages
May be awarded in discretion of jury where defendant is liable for compensatory damages and aggravating factor of fraud, malice, or willful, wanton conduct is present. Cap: Three times compensatory damages or $250,000.
No-Fault Insurance
None
Consumer Fraud Complaint
North Carolina Office of the Attorney General, Consumer Protection
http://www.ncdoj.gov/Consumer.aspx
(919) 716-6400
(877)5-NO-SCAM (Toll free consumer protection hotline)

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