Statutes of Limitations (NORTH CAROLINA)

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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]

 

 

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Statutes of Repose (NORTH CAROLINA)

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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]

 

 

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

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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)]

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Contributory Negligence (NORTH CAROLINA)

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

 

 

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Made Whole Doctrine (MWD) (NORTH CAROLINA)

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Status is uncertain and no case law exists.

 

 

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

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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)]

 

 

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

No requirements.
 

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Landlord/Tenant Subrogation (NORTH CAROLINA)

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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)]

 

 

 

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Reimbursement of Deductible(s) (NORTH CAROLINA)

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No law available.

 

 

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MedPay and PIP (NORTH CAROLINA)

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

 

 

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Liability of Parents (NORTH CAROLINA)

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

 

 

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Joint Liability (NORTH CAROLINA)

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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]

 

 

 

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Independent Cause of Action for Evidence Spoliation (NORTH CAROLINA)

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Not addressed/recognized.

 

 

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Conflicts of Law (NORTH CAROLINA)

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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)]