Short Answer

In North Carolina, you generally have three years to file a personal injury lawsuit against a hotel, measured from when your bodily harm became apparent (usually the date of the accident). Filing a claim with the hotel or its insurer does not stop this clock. Some exceptions can extend or shorten timelines, and separate limits may apply if you also pursue a claim against the product manufacturer (for example, a glass door).

Understanding the Problem

You want to know the deadline to sue a North Carolina hotel for injuries from a shattered shower door. The key decision is when you must file in court to preserve your rights. In North Carolina, an injured guest (the plaintiff) must file a civil lawsuit against the hotel (the defendant) by the governing deadline, which is triggered by when the injury became apparent. One important fact here is that you began outpatient treatment about one month after the incident.

Apply the Law

North Carolina gives most injured people three years to file a personal injury lawsuit. For premises liability against a hotel, the clock typically starts the day your bodily harm is apparent, which is usually the accident date. If you also pursue a product claim against the glass door’s manufacturer, a separate outer limit (a statute of repose) can apply regardless of when you discovered your injury. Lawsuits are filed in the county where the incident occurred, in District or Superior Court depending on damages.

Key Requirements

• Three-year filing deadline: File your lawsuit within three years of when your bodily harm was or should have been apparent—usually the accident date.
• Proper forum: File in the county where the hotel is located; District Court (claims up to $25,000) or Superior Court (claims over $25,000).
• Service after filing: After filing, have the hotel properly served with the summons and complaint; the summons has a short service window, with specific rules for extensions.
• Tolling for minors/incapacity: The deadline can pause if the injured person was a minor or legally incompetent when injured.
• Product claim outer limit: If you also sue over a defective product (e.g., glass door), an additional 12-year outer limit from the product’s initial purchase can apply.

What the Statutes Say

• N.C. Gen. Stat. § 1-52(16) (3-year limit; accrual when injury becomes apparent) - Most personal injury claims must be filed within three years.
• N.C. Gen. Stat. § 1A-1, Rule 4 (Service of process) - Sets the time to serve the summons and how to extend if needed.
• N.C. Gen. Stat. § 1-17 (Tolling for minors and incompetents) - Pauses the limitations period in limited circumstances.
• N.C. Gen. Stat. § 1-46.1 (12-year product liability repose) - Sets an outer limit for product claims regardless of discovery.

Analysis

Apply the Rule to the Facts: Because the glass door shattered and caused immediate cuts, your bodily harm was apparent on the incident date, so the three-year clock likely started then. Beginning outpatient care one month later usually does not change the accrual date. Ongoing complications eight months later do not restart the clock. If you also consider a separate claim against the door’s manufacturer, a 12-year product liability repose may apply in addition to the three-year limit.

Process & Timing

1. Who files: The injured guest (plaintiff). Where: Clerk of Superior Court in the county where the hotel is located (District Court for claims up to $25,000; Superior Court for larger claims). What: File a Complaint and a Civil Summons (AOC-CV-100). When: File before the three-year deadline; then serve the summons and complaint within the time allowed by Rule 4.
2. After filing, promptly serve the hotel’s registered agent or authorized officer by sheriff, certified mail, or another approved method. If service cannot be completed within the initial window, request an endorsement or alias and pluries summons before expiration to keep the case alive.
3. Track deadlines, exchange information (discovery), and, if not resolved, prepare for trial. The clerk issues the summons and maintains the file; the court schedules hearings based on county calendars.

Exceptions & Pitfalls

• If the injured person was a minor or legally incompetent, tolling rules may extend the deadline.
• Negotiations with the hotel or its insurer do not pause the statute; only filing a lawsuit preserves your claim.
• If a product claim is involved (e.g., alleged defective glass), a 12-year product liability repose can bar the case even if discovered later.
• Filing on the last day is risky—if you do not serve the summons within the Rule 4 window and fail to timely extend it, the case can be dismissed.

Talk to a Personal Injury Attorney

If you're dealing with a hotel injury and want to make sure you file in time, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.