State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-15

§1‑15.  Statute runs from accrual of action.

(a)        Civil actions canonly be commenced within the periods  prescribed in this Chapter, after thecause of action has accrued, except where in special cases a differentlimitation is prescribed by statute.

(b)        Repealed by SessionLaws 1979, c. 654, s. 3.

(c)        Except whereotherwise provided by statute, a cause of action for malpractice arising out ofthe performance of or failure to perform professional services shall be deemedto accrue at the time of the occurrence of the last act of the defendant givingrise to the cause of action: Provided that whenever there is bodily injury tothe  person, economic or monetary loss, or a defect in or damage to propertywhich originates under circumstances making the injury, loss, defect or damagenot 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 theclaimant two or more years after the occurrence of the last act of the defendantgiving rise to the cause of action, suit must be commenced within one year fromthe date discovery is made: Provided nothing herein shall be construed toreduce the statute of limitation in any such case below three years. Providedfurther, that in no event shall an action be commenced more than four yearsfrom the last act of the defendant giving rise to the cause of action: Providedfurther, that where damages are sought by reason of a foreign object, which hasno therapeutic or diagnostic purpose or effect, having been left in the body, aperson seeking damages for malpractice may commence an action therefor withinone year after discovery thereof as hereinabove provided, but in no event maythe action be commenced more than 10 years from the last act of the defendantgiving rise to the cause of action. (C.C.P., s. 17; Code, s. 138;Rev., s. 360; C.S., s. 405; 1967, c. 954, s. 3; 1971, c. 1157, s. 1; 1975, 2ndSess., c. 977, ss. 1, 2; 1979, c. 654, s. 3.)