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Negligence / Personal Injury
3 Years3 years from act or discovery, whichever comes first. [SOR, however, sets maximum period for suit to be commenced at 10 years from the occurrence.]
Products Liability
6 Years6 years maximum from date of initial purchase by consumer.
Wrongful Death
2 Years2 years
Municipalities
2 Years2 years unless statute states otherwise.
Medical Malpractice
3 Years3 years with Discovery Rule (1 year from reasonable discovery), but no more than 4 years from last act, unless foreign object, then 1 year from discovery, never more than 10 years. 1 year if discovered 2 or more years after occurrence. Minors: until age 19.
Intentional Torts
1 Year1 year
Fraud
3 Years3 Years, time running from discovery of acts constituting fraud or mistake.
Discovery Rule
See specific rules above.
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.
Comparative Negligence
No comparative negligence.
Charitable Immunity
Abolished.
Sovereign Immunity
For torts, common law rules govern, but immunity may be waived by cities, counties, board of education, and community colleges by purchasing liability insurance. Then recovery permitted to extent of insurance coverage. As to State, recovery limited to $150,000.
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.
Consumer Fraud Complaint
North Carolina Office of the Attorney General, Consumer Protection
(919) 716-6400 |
