Under the law, the definition of “professional” has broadened significantly over the past several decades as specialization in business and law increase.  North Carolina courts have considered many factors in determining whether an individual is a professional, including: 

1. Whether there is a board enforcing an ethical standard on the profession;

2. Whether a license or special education is required;

3. Whether the person provided “professional services” to a specific person or entity for their own use; and

4. Whether general statutes may indicate that a certain activity is a “professional” one.

The courts have determined that the following pursuits are considered “professionals”:  architects, engineers, teachers, roofing contractors, pharmacists, veterinarians, airline pilots and even a sprinkler installation contractor, among others.

Why might you want to make the case that you are a professional under the law if you are ever faced with a lawsuit?  There are a few benefits to consider.

(1) Special Statute of Limitations/Repose.  Professionals cannot be sued more than 4 years after a claim accrues (meaning a claim exists regardless of knowledge of Plaintiff).

A specific statute of limitations and statute of repose different than those of non-professionals applies in North Carolina.  Generally speaking, negligence has a three year statute of limitations that accrues when the “injured party” knew or should have known of the accident resulting in the injury and damages.  However, if you are a professional, the three year statute of limitations determines the accrual date differently, and you may avail yourself of a four year statute of repose which means that under no circumstances would a client be able to bring a claim more than four years after the statute of limitations accrued.  My next post will present how to determine the accrual date for the professional liability statute of limitations and repose.

(2) Different standard from that of a normal “negligence” case.  A professional will not be held to the reasonable man standard for negligence claims. 

If you are a “professional”, an expert witness must testify that you breached the standard of care in the industry and acted other than a professional would have under the circumstances.  This testimony must be presented for a former client to establish a case against you. 

(3) Professionals cannot be sued under certain consumer protection statutes.

Generally speaking, consumer protection statutes such as N.C.G.S. § 75.1-1 entitled Unfair and Deceptive Trade Practices do not apply to a professional because professionals are not considered to be “in commerce”.  Instead, professionals are hired to perform professional services for an individual or company.

My next three posts will more thoroughly explain these three benefits under North Carolina law: (1) the statute of limitations/repose for professionals; (2) the standard of care for professionals; and (3) that consumer protection statutes which do not typically apply to professionals.