Legal Question in Real Estate Law in North Carolina
About 5 or 6 years ago our power company installed new power lines in our development. The lines were installed by pushing the lines through the ground instead of being dug in. They hit our sewer line which just now caused a back up into our home due to roots and mud filling the line over the time since the damage. They are claiming no responsibility due to the fact that the damage occured over 3 years ago and no claim was filed. Since the damage and subsequent sewage backup was just discovered doesnt the 3 year statute of limitation start from the date of discovery?
1 Answer from Attorneys
You probably want to consult with a lawyer in your area to explore this in greater detail.
You are essentially correct; the statute of limitations in a negligence action generally is subject to a discovery rule (i.e. it does not begin to run until the defect or damage is discovered). There is, however, also a six year "statute of repose" which is generally not subject to a discovery rule. As it appears from this question that you might be close to the six year period, you might want to consult with an attorney in your local area and provide him or her with more information to assess your rights here.
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