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NC General Statutes

N.C. Gen. Stat. § 1-46.1 (2026)

Twelve years

✓ current as of July 2026
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Within 12 years an action -

(1) No action for the recovery of damages for personal injury, death, or damage to property based upon or arising out of any alleged defect or any failure in relation to a product shall be brought more than 12 years after the date of initial purchase for use or consumption.

(2) Reserved for future codification purposes. (2009-420, s. 2.)

 

Notes of Decisions
Cited in 13 cases (10 in the last 5 years), 2011–2025 · leading case: Robinson v. Bridgestone/Firestone North Am. Tire, L.L.C., 703 S.E.2d 883 (N.C. Ct. App. 2011).
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Robinson v. Bridgestone/Firestone North Am. Tire, L.L.C., 703 S.E.2d 883 (N.C. Ct. App. 2011). · cites it 8× “As plaintiffs acknowledge, N.C. Gen. Stat. § 1-46.1 (1) became effective 1 October 2009 and applies to causes of action that accrue on or after that date.”
Corey Dalfrey v. Boss Hoss Cycles, Incorpor, 456 F. App'x 329 (5th Cir. 2011). “012(b). Appellees point out that according to the Texas products liability statute of repose, a broad scope would not be unheard of.”
Robinson v. Bridgestone/firestone North Am., 703 S.E.2d 883 (N.C. Ct. App. 2011). · cites it 8× “As plaintiffs acknowledge, N.C. Gen.Stat. § 1-46.1(1) became effective 1 October 2009 and applies to causes of action that accrue on or after that date.”
Cramer v. Ethicon, Inc. (W.D.N.C. 2021). · cites it 6× “North Carolina Statute of Repose North Carolina has a statute of repose for all “action[s] for the recovery of damages for personal injury, death, or damage to property based upon or arising out of any alleged defect or any failure in relation to a product.”
Rouse v. Harley-Davidson, Inc. (E.D.N.C. 2021). · cites it 5× “North Carolina’s statute of repose is not limited in its application to North Carolina manufacturers.”
Dickerson v. CRC Indus., Inc. (E.D.N.C. 2025). · cites it 5× “7 The North Carolina General Assembly modified the statute of repose for product liability claims in 2009 through the enactment of N.C. Gen. Stat. § 1-46.1 , which expands the period in which a product liability action may be brought from six to twelve years.”
Devito v. Biomet, Inc. (E.D.N.C. 2024). · cites it 4× “” N.C. Gen. Stat. § 1-46.1 . The window to commence an action under this substantive limitation has fluctuated.”
Bond v. Johnson & Johnson (D.N.J. 2021). · cites it 4× “Laws 2009 -420 § 2, codified at N.C. Gen. Stat. § 1-46.1 (1). The amendment clarified that the twelve-year statute of repose “[became] effective October 1, 2009, and applies to causes of action that accrue on or after that date.”
Weiss v. Cont'l Aerospace Techs. (N.C. Ct. App. 2025). · cites it 4× “” Section 1-50(a)(6) was repealed in 2009 and replaced with N.C. Gen. Stat. § 1-46.1 , extending the time to file a claim to twelve years for causes of action accruing on or after 1 October 2009.”
Ellis v. Sanofi US Servs. Inc. (W.D.N.C. 2024). · cites it 3× “§ 1-46.1(1); see also N.C. GEN. STAT. § 1-50(a)(6) (repealed 2009) (same); Cramer v.”
Michael Bond v. Johnson & Johnson (3rd Cir. 2022). · cites it 2× “”8 Effective October 1, 2009, the North Carolina legislature repealed the six-year statute of repose and enacted a twelve-year statute of repose ( N.C. Gen. Stat. § 1-46.1 (1)), which uses identical language to the six-year statute other than the number of years: No action for…”
Fulmore v. Johnson & Johnson Pharm. Rsch. & Dev., LLC (E.D.N.C. 2022). · cites it 2× “” N.C. Gen. Stat. § 1-46.1 (1). There is thus no need to determine when any “last act” occurs for accrual of the claim, as the triggering date for the statute of repose is fixed on the date of initial purchase.”
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— N.C. Gen. Stat. § 1-46.1(1) — 3 cases
Robinson v. Bridgestone/firestone North Am., 703 S.E.2d 883 (N.C. Ct. App. 2011). “As plaintiffs acknowledge, N.C. Gen.Stat. § 1-46.1(1) became effective 1 October 2009 and applies to causes of action that accrue on or after that date.”
Cramer v. Ethicon, Inc. (W.D.N.C. 2021). “North Carolina Statute of Repose North Carolina has a statute of repose for all “action[s] for the recovery of damages for personal injury, death, or damage to property based upon or arising out of any alleged defect or any failure in relation to a product.”
Ellis v. Sanofi US Servs. Inc. (W.D.N.C. 2024). “§ 1-46.1(1); see also N.C. GEN. STAT. § 1-50(a)(6) (repealed 2009) (same); Cramer v.”
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