PUERTO RICO

Negligence / Personal Injury

1 Year The following prescribe in one (1) year:
(1) Actions to recover or retain possession.
(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof. 31 L.P.R.A. § 5298

Products Liability

1 Year

The following prescribe in one (1) year:
(1) Actions to recover or retain possession.
(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof. 31 L.P.R.A. § 5298

Discovery:

Where, as here, a plaintiff brings a tort action more than one year after the operative events that gave rise to the suit, “she bears the burden of proving that she lacked the requisite ‘knowledge’ at all relevant times. Rabassa Suarez v. Ford Motor Co., 204 F.Supp.2d 302 (D.Puerto Rico 2002)

Fraud

1 Year The following prescribe in one (1) year:
(1) Actions to recover or retain possession.
(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof. 31 L.P.R.A. § 5298

Toxic Tort

1 Year The following prescribe in one (1) year:
(1) Actions to recover or retain possession.
(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof. 31 L.P.R.A. § 5298

Wrongful Death

1 Year The following prescribe in one (1) year:
(1) Actions to recover or retain possession.
(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof. 31 L.P.R.A. § 5298

Medical Malpractice

1 Year In Puerto Rico, medical malpractice claims are governed by the one-year statute of limitations for tort actions.1 31 L.P.R.A. § 5298 (1990). The prescriptive period begins to run from “the time the aggrieved person has knowledge” of the injury. A plaintiff has “knowledge” of the injury when she has “notice of the injury, plus notice of the person who caused it.” Reyes Santana v. Hospital Ryder Memorial, Inc., 130 F.Sup.2d 270, 274-75 (D. Puerto Rico 2001).

Municipal Liability/Sovereign Immunity

Waived with monetary exceptions.

Discovery Rule

Standard discovery rule in P.R.

Comparative Negligence

Applies

Charitable Immunity

None

Disabilities

In personal action, while plaintiff is: (1) minor; (2) insane; or (3) married woman whose husband must necessarily join her in commencement of action, period of such disability is not part of applicable prescriptive period; imprisonment is not considered disability.

No-Fault Insurance

Applies

Other Relevant Information

1 Year from Date of Discovery for all tort actions.

Consumer Fraud Complaint

Puerto Rico Department of Justice, Consumer Protection
SPANISH ONLY
http://www.justicia.gobierno.pr/rs_template/v2/Ciudad/
(787)763-1985 (San Juan)