North Carolina

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (NORTH CAROLINA)

Personal Injury - 3 yrs. (from the time harm/damage becomes apparent, but within 10 yrs. from act/omission)

[N.C.G.S.A. § 1-52]

Wrongful Death - 2 yrs. (from death, provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm, no action for his death may be brought) [N.C.G.S.A. § 1-53]

Med Mal - 3 yrs. from act/occurrence of 1 yr. from discovery (but no later than 4 yrs. from act/occurrence) [N.C.G.S.A. § 1-15]

Property Damage - 3 yrs. (from the time harm/damage becomes apparent, but within 10 yrs. from act/omission) [N.C.G.S.A. § 1-52]

Contracts (Written and Oral) - 3 yrs. [N.C.G.S.A. § 1-52]

Breach of Warranty (Property Damage or Personal Injury involved) - 3 yrs. [Hanover Ins. Co. v. Amana Refrigeration, Inc., 415 S.E.2d 99 (N.C. App. 1992); Smith v. Cessna Aircraft Co., 571 F.Supp. 433 (M.D.N.C. 1983)]

Contracts for Sale and Breach of Warranty (Property Damage or Personal Injury not involved) - 4 yrs. (from tender of delivery) [N.C.G.S.A. § 25-2-725]

 

 

 

Statutes of Repose (NORTH CAROLINA)

All Negligence (Personal Injury and Property Damage) - 10 yrs. [N.C.G.S.A. § 1-52]

Products - 12 yrs. [N.C.G.S.A. § 1-46.1] (6 yrs. for actions that accrued on or before 9/30/2009)

Construction of Real Property - 6 yrs. [N.C.G.S.A. § 1-50]

 

 

 

Claims Against Public/Gov. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (NORTH CAROLINA)

Against State - Suit within 3 yrs. [N.C.G.S.A. § 143-299]

Contract Actions Against Local Government - Suit within 2 yrs. [N.C.G.S.A. § 1-53]

Cities may adopt their own notice requirements [Miller v. City of Charlotte, 219 S.E.2d 62 [N.C. 1975)]

 

Contributory Negligence (NORTH CAROLINA)

Strict contributory (Plaintiff is barred from recovery even if 1% at fault) [Bowden v. Bell, 446 S.E.2d 816 (N.C. App. 1994)]

 

 

Made Whole Doctrine (MWD) (NORTH CAROLINA)

Status is uncertain and no case law exists.

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (NORTH CAROLINA)

Recognized/applied.  Purely economical losses could not be recovered in products liability suit based on negligence [Chicopee, Inc. v. Sims Metal Works, Inc., 391 S.E.2d 211 (N.C. App. 1990)].  Any damage caused by home’s allegedly defective stucco constituted damage to the home itself and ELD precluded any negligence claims against stucco manufacturer [Land v. Tall House Bldg. Co., 602 S.E.2d 1 (N.C. App. 2004)]

 

However, ELD did not bar homeowners’ negligence claim against subcontractors regarding defective trusses that subcontractors designed and manufactured where there was no contract between homeowners and subcontractors [Lord v. Customized Consulting Specialty, Inc., 643 S.E.2d 28 (N.C. App. 2007)]

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (NORTH CAROLINA)


No requirements.
 

Landlord/Tenant Subrogation (NORTH CAROLINA)

Subrogation allowed.  The lease terms are construed to achieve the intent of the parties at the time the lease was entered into [Lexington Ins. Co. v. Tires Into Recycled Energy and Supplies, Inc., 522 S.E.2d 798 (N.C. App. 1999)]

 

 

 

Reimbursement of Deductible(s) (NORTH CAROLINA)

No law available.

 

 

 

MedPay and PIP (NORTH CAROLINA)

MedPay and PIP - No subrogation allowed and/or no such coverage available.

 

 

 

Liability of Parents (NORTH CAROLINA)

$2,000 for malicious or willful acts [N.C.G.S.A. § 1-538.1]

 

 

 

Joint Liability (NORTH CAROLINA)

Joint and several liability (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability) [N.C.G.S.A. § 1B-2]

 

 

 

Independent Cause of Action for Evidence Spoliation (NORTH CAROLINA)

Not addressed/recognized.

 

 

 

Conflicts of Law (NORTH CAROLINA)

Tort is deemed to have occurred where the last event takes place that is necessary to render actor liable; since injury is the last element of a tort, the law of the state of injury will be applied [Santana, Inc. v. Levi Strauss and Co., 674 F.2d 269 (4th Cir. 1982)].  Contracts - Law of the state in which the contract was made governs the rights and obligations of the parties [Kline v. Wheels by Kinney, Inc., 464 F.2d 184 (4th Cir. 1972)]