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The North Carolina taxonomy

The claim families North Carolina civil practice runs on — each with its core, the authorities that create it, and the NC-specific trap that catches the unwary. This is the map of what the law provides; whether any of it fits your matter is a legal judgment.

The trap board

  • PURE CONTRIBUTORY NEGLIGENCE — any plaintiff fault is a complete bar (common law; § 1-139 puts the proof burden on the defendant).
  • Rule 9(j) — a med-mal complaint without the certification is built to be dismissed.
  • The 10-day magistrate appeal (§ 7A-228) — ejectment rights die quietly in a week and a half.
  • The 30-day Business Court designation window (§ 7A-45.4).
  • The economic-loss rule — tort words on a contract wound (common law; anchors).
  • One-year defamation clock (§ 1-54).

Contract

Breach, damages, and the three-year clock — the 1-52(1) workhorse.

The traps

  • The statute of frauds lives in the substrate (ch. 22 not yet loaded — flagged, routed).
  • Economic-loss rule polices the tort/contract line (common law — anchors only).

Authorities

  • G.S. 1-52

Negligence / personal injury

Duty, breach, causation, damages — with North Carolina's LOUDEST trap riding every case.

The traps

  • PURE CONTRIBUTORY NEGLIGENCE: any plaintiff fault is a COMPLETE BAR — North Carolina is one of the last pure-contributory jurisdictions. The platform surfaces this on every negligence path.
  • The defense is affirmative and the DEFENDANT carries the burden (§ 1-139) — pleading posture matters on both sides.
  • Last clear chance is the common-law reply — doctrine + anchors, never computed.

Authorities

  • G.S. 1-139
  • G.S. 1-52

Unfair and Deceptive Trade Practices (the marquee NC claim)

§ 75-1.1 — unfair or deceptive acts in or affecting commerce; damages TREBLE under § 75-16.

The traps

  • Treble is automatic on a 75-1.1 violation — but 'in or affecting commerce' and the ordinary-breach line are where cases die (mere breach of contract is not a 75-1.1 violation — anchors).
  • Attorney fees are DISCRETIONARY (§ 75-16.1) and require the statutory findings — never promised.

Authorities

  • G.S. 75-1.1
  • G.S. 75-16
  • G.S. 75-16.1

Products liability (Chapter 99B)

The statutory products framework — actions, defenses, and the seller/manufacturer allocation.

The traps

  • § 99B-4(3): the claimant's failure to exercise reasonable care in use is a statutory defense — the contributory philosophy is IN the products statute.

Authorities

  • G.S. 99B-1
  • G.S. 99B-4

Medical malpractice

The Rule 9(j) certification regime: the complaint itself must carry the expert-review assertion.

The traps

  • A med-mal complaint without the 9(j) certification is exposed to dismissal — the certification is a PLEADING element, checked before any draft exports.
  • The standard-of-care statutes (ch. 90) are not yet loaded — flagged, routed.

Authorities

  • G.S. 1A-1, Rule 9(j)

Fraud / misrepresentation

Particularity pleading (Rule 9(b)) + the discovery-accrual three-year clock.

The traps

  • Accrual on discovery of the facts constituting the fraud (§ 1-52(9)) — the accrual date is legal judgment, ROUTED.

Authorities

  • G.S. 1-52
  • G.S. 1A-1, Rule 9

Defamation

Libel and slander on the one-year clock.

The traps

  • One year (§ 1-54) — the shortest mainstream clock in the table; the calendar is the case.

Authorities

  • G.S. 1-54

Landlord-tenant / summary ejectment

The Chapter 42 machine before the magistrate — the highest-volume civil lane in the state.

The traps

  • The 10-day de novo appeal (§ 7A-228) is the tenant's lifeline — surfaced on every path.
  • Self-help eviction is off the board — the machine is exclusive.

Authorities

  • G.S. 42-26
  • G.S. 7A-228

Business / fiduciary / entity disputes

The entity substrate (55/55A/57D) + the § 7A-45.4 Business Court designation machine.

The traps

  • The defendant's 30-day designation window — qualifying cases move or the right is gone.
  • Fiduciary-duty accrual and the 75-1.1 overlay are judgment calls — routed.

Authorities

  • G.S. 55-1-01
  • G.S. 57D-1-01
  • G.S. 7A-45.4

Insurance claim practices

The unfair-claim-settlement lane (ch. 58 art. 63) and its 75-1.1 interplay.

The traps

  • Whether a 58-63-15 practice is a per-se 75-1.1 violation is doctrine built by the cases — anchors, not assertions.

Authorities

  • G.S. 58-63-15
  • G.S. 75-1.1

Employment

At-will with narrow public-policy wrongful-discharge — HONESTLY stated as common law.

The traps

  • The statutory lanes (REDA ch. 95, state-agency claims) are not yet loaded — flagged and routed; nothing here is guessed.

Authorities

  • (common law — anchors only)