(a) A person entitled to commence an action who is under a disability at the time the cause of action accrued may bring his or her action within the time limited in this Subchapter, after the disability is removed, except in an action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents and services out of the real property, when the person must commence his or her action, or make the entry, within three years next after the removal of the disability, and at no time thereafter.
For the purpose of this section, a person is under a disability if the person meets one or more of the following conditions:
(1) The person is within the age of 18 years.
(2) The person is insane.
(3) The person is incompetent as defined in G.S. 35A-1101(7) or (8).
(a1) For those persons under a disability on January 1, 1976, as a result of being imprisoned on a criminal charge, or in execution under sentence for a criminal offense, the statute of limitations shall commence to run and no longer be tolled from January 1, 1976.
(b) Notwithstanding the provisions of subsection (a) of this section, and except as otherwise provided in subsection (c) of this section, an action on behalf of a minor for malpractice arising out of the performance of or failure to perform professional services shall be commenced within the limitations of time specified in G.S. 1-15(c), except that if those time limitations expire before the minor attains the full age of 19 years, the action may be brought before the minor attains the full age of 19 years.
(c) (See editor's note for applicability) Notwithstanding the provisions of subsection (a) and (b) of this section, an action on behalf of a minor for injuries alleged to have resulted from malpractice arising out of a health care provider's performance of or failure to perform professional services shall be commenced within the limitations of time specified in G.S. 1-15(c), except as follows:
(1) If the time limitations specified in G.S. 1-15(c) expire before the minor attains the full age of 10 years, the action may be brought any time before the minor attains the full age of 10 years.
(2) If the time limitations in G.S. 1-15(c) have expired and before a minor reaches the full age of 18 years a court has entered judgment or consent order under the provisions of Chapter 7B of the General Statutes finding that said minor is an abused or neglected juvenile as defined in G.S. 7B-101, the medical malpractice action shall be commenced within three years from the date of such judgment or consent order, or before the minor attains the full age of 10 years, whichever is later.
(3) If the time limitations in G.S. 1-15(c) have expired and a minor is in legal custody of the State, a county, or an approved child placing agency as defined in G.S. 131D-10.2, the medical malpractice action shall be commenced within one year after the minor is no longer in such legal custody, or before the minor attains the full age of 10 years, whichever is later.
(d) Notwithstanding the provisions of subsections (a), (b), (c), and (e) of this section, a plaintiff may file a civil action against a defendant for claims related to sexual abuse suffered while the plaintiff was under 18 years of age until the plaintiff attains 28 years of age.
(e) Notwithstanding the provisions of subsections (a), (b), (c), and (d) of this section, a plaintiff may file a civil action within two years of the date of a criminal conviction for a related felony sexual offense against a defendant for claims related to sexual abuse suffered while the plaintiff was under 18 years of age. (C.C.P., ss. 27, 142; Code, ss. 148, 163; 1899, c. 78; Rev., s. 362; C.S., s. 407; 1971, c. 1231, s. 1; 1975, c. 252, ss. 1, 3; 1975, 2nd Sess., c. 977, s. 3; 1987, c. 798; 2001-487, s. 1; 2011-400, s. 9; 2019-245, s. 4.1.)
Notes of Decisions
King by & Through Small v. Albemarle Hosp. Auth., 809 S.E.2d 847 (N.C. 2018).
· cites it 196× “Laws 1712 , 1716 (captioned “An Act to Reform the Laws Relating to Money Judgment Appeal Bonds, Bifurcation of Trials in Civil Cases, and Medical Liability”) (codified as amended at N.C.G.S. § 1-17 (2017)), thus further narrowing the time period for a minor to pursue a medical…”
Bryant v. Adams, 448 S.E.2d 832 (N.C. Ct. App. 1994).
· cites it 43× “§ 1-50(6), is tolled by the operation of G.S. § 1-17, the statutory provision which allows a minor to bring suit within three years of the date upon which the minor reaches majority.”
Jefferys v. Tolin, 368 S.E.2d 201 (N.C. Ct. App. 1988).
· cites it 12× “G.S. 1-17 provides for the tolling of most limitations periods during a person's minority.”
Glens of Ironduff Prop. Owners Ass'n v. Daly, 735 S.E.2d 445 (N.C. Ct. App. 2012).
· cites it 9× “Bryant addressed whether N.C. Gen. Stat. § 1-17 , a tolling provision for the claims of minors, applied *224 to toll a statute of repose as well as statutes of limitation.”
State Farm Mut. Auto. Ins. v. Holland, 380 S.E.2d 100 (N.C. 1989).
· cites it 6× “N.C.G.S. § 1-17 (1983). I, for one, will not adhere to a holding depriving helpless children of this statutory protection.”
Beall v. Beall, 577 S.E.2d 356 (N.C. Ct. App. 2003).
· cites it 5× “" Because plaintiffs were under the disability of minority when their cause of action accrued, they were allowed to bring suit within the three years from the date of their eighteenth birthday.”
Fowler v. Valencourt, 435 S.E.2d 530 (N.C. 1993).
· cites it 2× “As plaintiff discusses in her brief, Senate Bill 276 which added subsection (13) to section 1-52 is entitled: AN ACT TO AMEND G.S. 1-17 SO AS TO ELIMINATE IMPRISONMENT AS A DISABILITY UNDER THE STATUTE OF LIMITATIONS AND TO SUBJECT THE CIVIL RIGHTS ACT OF 1871, 42 U.”
Livingston v. Adams & Fouts, Pllc, 594 S.E.2d 44 (N.C. Ct. App. 2004).
· cites it 6× “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.”
Wilder v. Amatex Corp., 336 S.E.2d 66 (N.C. 1985).
· cites it 2× “2d at 3 -4: Where there is either a breach of an agreement or a tortious invasion of a right for which the party aggrieved is entitled to recover even nominal damages, the statute of limitations immediately begins to run against the party aggrieved, unless he is under one of the…”
Livingston v. Adams Kleemeier Hagan Hannah & Fouts, P.L.L.C., 163 N.C. App. 397 (N.C. Ct. App. 2004).
· cites it 4× “Plaintiff argues this statute must be construed with N.C. Gen. Stat. § 1-17 , which provides for a tolling of the statute of limitations if a plaintiff is under a specified disability.”
N.C. Gen. Stat. § 1-17(a): 11 cases
King by & Through Small v. Albemarle Hosp. Auth., 809 S.E.2d 847 (N.C. 2018).
“Laws 1712 , 1716 (captioned “An Act to Reform the Laws Relating to Money Judgment Appeal Bonds, Bifurcation of Trials in Civil Cases, and Medical Liability”) (codified as amended at N.C.G.S. § 1-17 (2017)), thus further narrowing the time period for a minor to pursue a medical…”
Beall v. Beall, 577 S.E.2d 356 (N.C. Ct. App. 2003).
“" Because plaintiffs were under the disability of minority when their cause of action accrued, they were allowed to bring suit within the three years from the date of their eighteenth birthday.”
N.C. Gen. Stat. § 1-17(a)(1): 7 cases
King by & Through Small v. Albemarle Hosp. Auth., 809 S.E.2d 847 (N.C. 2018).
“Laws 1712 , 1716 (captioned “An Act to Reform the Laws Relating to Money Judgment Appeal Bonds, Bifurcation of Trials in Civil Cases, and Medical Liability”) (codified as amended at N.C.G.S. § 1-17 (2017)), thus further narrowing the time period for a minor to pursue a medical…”
N.C. Gen. Stat. § 1-17(a)(3): 1 case
N.C. Gen. Stat. § 1-17(b): 9 cases
King by & Through Small v. Albemarle Hosp. Auth., 809 S.E.2d 847 (N.C. 2018).
“Laws 1712 , 1716 (captioned “An Act to Reform the Laws Relating to Money Judgment Appeal Bonds, Bifurcation of Trials in Civil Cases, and Medical Liability”) (codified as amended at N.C.G.S. § 1-17 (2017)), thus further narrowing the time period for a minor to pursue a medical…”
Livingston v. Adams & Fouts, Pllc, 594 S.E.2d 44 (N.C. Ct. App. 2004).
“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.”
N.C. Gen. Stat. § 1-17(c): 4 cases
King by & Through Small v. Albemarle Hosp. Auth., 809 S.E.2d 847 (N.C. 2018).
“Laws 1712 , 1716 (captioned “An Act to Reform the Laws Relating to Money Judgment Appeal Bonds, Bifurcation of Trials in Civil Cases, and Medical Liability”) (codified as amended at N.C.G.S. § 1-17 (2017)), thus further narrowing the time period for a minor to pursue a medical…”
N.C. Gen. Stat. § 1-17(c)(1): 4 cases
King by & Through Small v. Albemarle Hosp. Auth., 809 S.E.2d 847 (N.C. 2018).
“Laws 1712 , 1716 (captioned “An Act to Reform the Laws Relating to Money Judgment Appeal Bonds, Bifurcation of Trials in Civil Cases, and Medical Liability”) (codified as amended at N.C.G.S. § 1-17 (2017)), thus further narrowing the time period for a minor to pursue a medical…”
N.C. Gen. Stat. § 1-17(d): 6 cases
N.C. Gen. Stat. § 1-17(e): 2 cases
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