§ 1-17. Disabilities. - North Carolina Statutes

§ 1‑17.  Disabilities.

(a)        A person entitledto commence an action who is under a disability at the time the cause of actionaccrued 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 realproperty, 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 mustcommence his or her action, or make the entry, within three years next after theremoval of the disability, and at no time thereafter.

For the purpose of thissection, a person is under a disability if the person meets one or more of thefollowing conditions:

(1)        The person is withinthe age of 18 years.

(2)        The person isinsane.

(3)        The person isincompetent as defined in G.S. 35A‑1101(7) or (8).

(a1)      For those personsunder a disability on January 1, 1976, as a result of being imprisoned on acriminal charge, or in execution under sentence for a criminal offense, thestatute of limitations shall commence to run and no longer be tolled fromJanuary 1, 1976.

(b)        Notwithstanding theprovisions of subsection (a) of this section, an action on behalf of a minorfor malpractice arising out of the performance of or failure to perform professionalservices 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 fullage of 19 years, the action may be brought before the minor attains the fullage of 19 years. (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.)