Within two years -
(1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. Unless otherwise provided by law, if the preceding sentence of this subsection would bar commencement of a cause of action arising out of a contract to improve real property: (i) such an action may be brought no later than 90 days after substantial completion, provided proper notice of the claim has been given if required by contract, or (ii) if prior to substantial completion the contract was terminated by either party, such an action may be brought no later than 90 days after the date of termination of the contract. As used in this subdivision, "substantial completion" has the same meaning as in G.S. 1-50(a)(5)c. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article.
(2) An action to recover the penalty for usury, including an action regarding the financing of usurious points, usurious fees, or other usurious charges; the two-year period shall accrue with each payment made and accepted on the loan.
(3) The forfeiture of all interest for usury.
(4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A-18-2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1-15(c) or 1-52(16), no action for his death may be brought. (1874-5, c. 243; 1876-7, c. 91, s. 3; Code, ss. 756, 3836; 1895, c. 69; Rev., s. 396; C.S., s. 442; 1931, c. 231; 1937, c. 359; 1945, c. 774; 1951, c. 246, s. 2; 1979, c. 654, s. 3; 1981, c. 777, s. 3; 2007-351, s. 1; 2008-139, s. 1.)
Notes of Decisions
Cited in
131
cases (
16 in the last 5 years), 1951–2026 · leading case:
Udzinski v. Lovin, 583 S.E.2d 648 (N.C. Ct. App. 2003).
Udzinski v. Lovin, 583 S.E.2d 648 (N.C. Ct. App. 2003).
· cites it 84× “Subsection (4) states: (4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.”
Dunn v. Pac. Employers Ins., 418 S.E.2d 645 (N.C. 1992).
· cites it 21× “The applicable time periods for bringing an action for wrongful death are set out in N.C.G.S. § 1-53, which provides: Within two years — (4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.”
Raftery v. Wm. C. Vick Constr. Co., 230 S.E.2d 405 (N.C. 1976).
· cites it 18× “(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable, and his or their personal…”
Brown v. Kindred Nursing Centers East, LLC, 692 S.E.2d 87 (N.C. 2010).
· cites it 16× “N.C.G.S. § 1-53(4) (2009). Because plaintiff's father died on 3 April 2004, the statute of limitations, absent a valid extension, expired on 3 April 2006.”
Quality Built Homes Inc. v. Town of Carthage, 813 S.E.2d 218 (N.C. 2018).
· cites it 24× “In the alternative, the Town asserts that the two-year statute of limitations set out in N.C.G.S. § 1-53(1) operates to bar plaintiffs' claims.”
Shepard v. Ocwen Fed. Bank, FSB, 617 S.E.2d 61 (N.C. Ct. App. 2005).
· cites it 8× “N.C. Gen. Stat. § 1-53 (2)-(3) (2003). The issue before us is the date the two year period accrues.”
Tripp v. City of Winston-Salem, 655 S.E.2d 890 (N.C. Ct. App. 2008).
· cites it 13× “” N.C. Gen. Stat. § 1-53 (1) (2007). Although plaintiff argues that the City waived the defense of the statute of limitations because the City failed to raise the affirmative defense in its answer, “we have held that absent prejudice to plaintiff, an affirmative defense may be…”
Eckard v. Smith, 603 S.E.2d 134 (N.C. Ct. App. 2004).
· cites it 6× “N.C.G.S. § 1-53(4) (2003). The accident occurred on 13 August 1998 and the statute of limitations, therefore, ran on 13 August 2000.”
Friedland v. Gales, 509 S.E.2d 793 (N.C. Ct. App. 1998).
· cites it 6× “G.S. § 1-53(4) requires that an action for the death of a person caused by the wrongful act of another be brought within two years of the date of the decedent’s death.”
Udzinski v. Lovin, 597 S.E.2d 703 (N.C. 2004).
· cites it 8× “Plaintiff contends that this action is one for wrongful death and is governed solely by the two year statute of limitations in N.C.G.S. § 1-53(4). Defendants contend that this action, filed more than four years after the last allegedly negligent act of defendant Lovin, is barred…”
Liptrap v. City of High Point, 496 S.E.2d 817 (N.C. Ct. App. 1998).
· cites it 8× “§ 1A-1, Rule 12(b)(6) (1990) on the ground that plaintiffs’ action was barred by the two-year statute of limitations set forth in N.C. Gen. Stat. § 1-53 (1) (1996). The trial court granted this motion.”
Jones v. City of Greensboro, 277 S.E.2d 562 (N.C. Ct. App. 1981).
· cites it 4× “Plaintiff argues that the appropriate statute of limitations is the two-year statute, G.S. § 1-53, which provides that “[a]ll claims against counties, cities and towns of this State” must be brought within two years after the “maturity of such claims.”
— N.C. Gen. Stat. § 1-53(1) — 15 cases
Tripp v. City of Winston-Salem, 655 S.E.2d 890 (N.C. Ct. App. 2008).
“” N.C. Gen. Stat. § 1-53 (1) (2007). Although plaintiff argues that the City waived the defense of the statute of limitations because the City failed to raise the affirmative defense in its answer, “we have held that absent prejudice to plaintiff, an affirmative defense may be…”
— N.C. Gen. Stat. § 1-53(2) — 8 cases
Shepard v. Ocwen Fed. Bank, FSB, 617 S.E.2d 61 (N.C. Ct. App. 2005).
“N.C. Gen. Stat. § 1-53 (2)-(3) (2003). The issue before us is the date the two year period accrues.”
— N.C. Gen. Stat. § 1-53(3) — 1 case
— N.C. Gen. Stat. § 1-53(4) — 47 cases
Udzinski v. Lovin, 583 S.E.2d 648 (N.C. Ct. App. 2003).
“Subsection (4) states: (4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.”
Raftery v. Wm. C. Vick Constr. Co., 230 S.E.2d 405 (N.C. 1976).
“(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable, and his or their personal…”
Dunn v. Pac. Employers Ins., 418 S.E.2d 645 (N.C. 1992).
“The applicable time periods for bringing an action for wrongful death are set out in N.C.G.S. § 1-53, which provides: Within two years — (4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.”
Brown v. Kindred Nursing Centers East, LLC, 692 S.E.2d 87 (N.C. 2010).
“N.C.G.S. § 1-53(4) (2009). Because plaintiff's father died on 3 April 2004, the statute of limitations, absent a valid extension, expired on 3 April 2006.”
Eckard v. Smith, 603 S.E.2d 134 (N.C. Ct. App. 2004).
“N.C.G.S. § 1-53(4) (2003). The accident occurred on 13 August 1998 and the statute of limitations, therefore, ran on 13 August 2000.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.