NC General Statutes

N.C. Gen. Stat. § 1-15 (2026)

Statute runs from accrual of action

✓ current as of July 2026

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(a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitation is prescribed by statute.

(b) Repealed by Session Laws 1979, c. 654, s. 3.

(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: 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: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving 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, 2nd Sess., c. 977, ss. 1, 2; 1979, c. 654, s. 3.)

Notes of Decisions

Cited in 210 cases (44 in the last 5 years), 1952–2026 · leading case: Raftery v. Wm. C. Vick Constr. Co., 230 S.E.2d 405 (N.C. 1976).

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Raftery v. Wm. C. Vick Constr. Co., 230 S.E.2d 405 (N.C. 1976). · cites it 90× “28A-18-2(a) has not been met because the plaintiff would not have been entitled to maintain an action for damages for his injuries, had he survived, for the reason that G.S. 1-15 (b) would deprive him of that right.”

Udzinski v. Lovin, 583 S.E.2d 648 (N.C. Ct. App. 2003). · cites it 107× “" I, instead, believe such an exception does exist and was actually added by the legislature the same year section 1-15 was redrafted. This exception is found in the form of the proviso contained in section 1-53(4), added in 1979, see Dunn v.”

King by & Through Small v. Albemarle Hosp. Auth., 809 S.E.2d 847 (N.C. 2018). · cites it 63× “Additionally, N.C.G.S. § 1-15, describing the generally applicable three-year limitations period for professional negligence actions, states that “[c]ivil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except…”

Wilder v. Amatex Corp., 336 S.E.2d 66 (N.C. 1985). · cites it 48× “ce or failure to perform professional services, having as an essential element bodily injury to the person or a defect in or damage to property which originated under circumstances making the injury, defect or damage not readily apparent to the claimant at the time of its…”

Forsyth Mem'l Hosp., Inc. v. Armstrong World Indus., Inc., 444 S.E.2d 423 (N.C. 1994). · cites it 24× “Section 1-15(b) provided as follows: Except where otherwise provided by statute, a cause of action, other than one for wrongful death or one for malpractice arising out of the performance of or failure to perform professional services, having as an essential element bodily…”

BDM Invs. v. Lenhil, Inc., 826 S.E.2d 746 (N.C. Ct. App. 2019). · cites it 12× “See N.C. Gen. Stat. § 1-15 (c) (2017). Section 1-15(c) provides: 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 occurrence of the…”

Title Ins. Co. of Minn. v. SMITH, DEBNAM, 459 S.E.2d 801 (N.C. Ct. App. 1995). · cites it 28× “Section 1-15 of our General Statutes provides in pertinent part: Except where otherwise provided by statute, a cause of action for malpractice .”

Horton v. Carolina Medicorp, Inc., 472 S.E.2d 778 (N.C. 1996). · cites it 15× “On 3 May 1994, pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, defendant Hospital moved to dismiss the complaint, arguing that plaintiff's action was barred by the statute of limitations set forth in N.C.G.S. § 1-15(c). On 27 June 1994 the *780 trial…”

Brisson v. Kathy A. Santoriello, M.D., P.A., 528 S.E.2d 568 (N.C. 2000). · cites it 12× “On 20 October 1997, defendants filed an answer and moved for judgment on the pleadings, alleging that plaintiffs' claims were barred by the applicable statutes of limitations and repose pursuant to N.C.G.S. § 1-15(c). After a hearing in January 1998, Judge Orlando Hudson granted…”

Head v. Gould Killian Cpa Grp., P.A., 812 S.E.2d 831 (N.C. 2018). · cites it 6× “” N.C.G.S. § 1-15(c) (2017). To determine when the last act occurred, we consider the contractual relationship between the parties and when the contracted-for services were completed.”

State Ex Rel. Long v. Petree Stockton, L.L.P., 499 S.E.2d 790 (N.C. Ct. App. 1998). · cites it 15× “Negligence The statute of limitations applicable to plaintiff's first cause of action, negligence, is contained in N.C.G.S. § 1-15(c) (1996), which provides that actions for "malpractice arising out of the performance of or failure to perform professional services" must be…”

Christenbury Eye Ctr., P.A. v. Medflow, Inc., 802 S.E.2d 888 (N.C. 2017). · cites it 3× “"), superseded by statute , N.C.G.S. § 1-15(b) (1971), on other grounds as recognized in Black v.”

Show all 210 citing cases →

— N.C. Gen. Stat. § 1-15(a) — 18 cases

King by & Through Small v. Albemarle Hosp. Auth., 809 S.E.2d 847 (N.C. 2018). “Additionally, N.C.G.S. § 1-15, describing the generally applicable three-year limitations period for professional negligence actions, states that “[c]ivil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except…”

McCutchen v. McCutchen, 612 S.E.2d 162 (N.C. Ct. App. 2005).

Raftery v. Wm. C. Vick Constr. Co., 230 S.E.2d 405 (N.C. 1976). “28A-18-2(a) has not been met because the plaintiff would not have been entitled to maintain an action for damages for his injuries, had he survived, for the reason that G.S. 1-15 (b) would deprive him of that right.”

Penley v. Penley, 332 S.E.2d 51 (N.C. 1985).

Carolina Env't Study Grp., Inc. v. United States Atomic Energy Comm'n, 431 F. Supp. 203 (W.D.N.C. 1977).

— N.C. Gen. Stat. § 1-15(b) — 28 cases

Wilder v. Amatex Corp., 336 S.E.2d 66 (N.C. 1985). “ce or failure to perform professional services, having as an essential element bodily injury to the person or a defect in or damage to property which originated under circumstances making the injury, defect or damage not readily apparent to the claimant at the time of its…”

Forsyth Mem'l Hosp., Inc. v. Armstrong World Indus., Inc., 444 S.E.2d 423 (N.C. 1994). “Section 1-15(b) provided as follows: Except where otherwise provided by statute, a cause of action, other than one for wrongful death or one for malpractice arising out of the performance of or failure to perform professional services, having as an essential element bodily…”

Christenbury Eye Ctr., P.A. v. Medflow, Inc., 802 S.E.2d 888 (N.C. 2017). “"), superseded by statute , N.C.G.S. § 1-15(b) (1971), on other grounds as recognized in Black v.”

— N.C. Gen. Stat. § 1-15(c) — 84 cases

Udzinski v. Lovin, 583 S.E.2d 648 (N.C. Ct. App. 2003). “" I, instead, believe such an exception does exist and was actually added by the legislature the same year section 1-15 was redrafted. This exception is found in the form of the proviso contained in section 1-53(4), added in 1979, see Dunn v.”

Horton v. Carolina Medicorp, Inc., 472 S.E.2d 778 (N.C. 1996). “On 3 May 1994, pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, defendant Hospital moved to dismiss the complaint, arguing that plaintiff's action was barred by the statute of limitations set forth in N.C.G.S. § 1-15(c). On 27 June 1994 the *780 trial…”

Brisson v. Kathy A. Santoriello, M.D., P.A., 528 S.E.2d 568 (N.C. 2000). “On 20 October 1997, defendants filed an answer and moved for judgment on the pleadings, alleging that plaintiffs' claims were barred by the applicable statutes of limitations and repose pursuant to N.C.G.S. § 1-15(c). After a hearing in January 1998, Judge Orlando Hudson granted…”

Head v. Gould Killian Cpa Grp., P.A., 812 S.E.2d 831 (N.C. 2018). “” N.C.G.S. § 1-15(c) (2017). To determine when the last act occurred, we consider the contractual relationship between the parties and when the contracted-for services were completed.”

— N.C. Gen. Stat. § 1-15(e) — 1 case

Fulmore v. Johnson & Johnson Pharm. Rsch. & Dev., LLC (E.D.N.C. 2022).

— N.C. Gen. Stat. § 1-15(h) — 1 case

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