NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1157

SENATE BILL 572

 

 

AN ACT TO PROVIDE THAT A CAUSE OF ACTION ACCRUES WHEN INJURY IS OR SHOULD HAVE BEEN KNOWN.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 1-15 is hereby amended by adding a new paragraph as subsection (b) and by designating the first paragraph as subsection (a) so that G.S. 1-15 shall read as follows:

"§ 1-15.  Statute runs from accrual of action. — (a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accured, except where in special cases a different limitation is prescribed by statute.

(b)        Except where otherwise provided by statute, a cause of action, other than one for wrongful death, 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 origin, is deemed to have accrued at the time the injury was discovered by the claimant, or ought reasonably to have been discovered by him, whichever event first occurs; provided that in such cases the period shall not exceed 10 years from the last act of the defendant giving rise to the claim for relief."

Sec. 2.  This act shall become effective upon ratification and shall not affect pending litigation.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.