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)

MANHATTAN OFFICE

59 Maiden Lane, 6th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

80 Main Street Suite 265
West Orange, NJ 07052
Phone: 973.323.3603

FLORIDA OFFICE

27300 Riverview Center Blvd., Suite 103
Bonita Springs, Florida 34134-4316
Phone: 239.390.1000