U.S. VIRGIN ISLANDS

Negligence / Personal Injury
2 Years (5) Two years-
(A) An action for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rights of another not arising on contract and not herein especially enumerated, or to set aside a sale of real property for non-payment of real property taxes pursuant to Title 33, chapter 89, subchapter III of this Code. 5 V.I.C. § 31
Fraud
2 Years In an action upon a new promise, fraud, or mistake, the limitation shall be deemed to commence only from the making of the new promise or the discovery of the fraud or mistake. 5 V.I.C. § 32

Trial court erred in granting plaintiff partial summary judgment on defendant's fraudulent inducement and misrepresentation counterclaims, as under 5 V.I.C. § 32(c), the two-year limitations period did not commence until defendant discovered or should have discovered the alleged fraud; here, plaintiff did not allege that defendant knew or should have known of the alleged fraudulent inducement, let alone point to evidence regarding knowledge of the alleged fraud or misrepresentation more than two years prior to the date he filed his counterclaims. Martin v. Martin, 54 V.I. 379, 2010 V.I. Supreme LEXIS 45 (Sept. 15, 2010).
Toxic Tort
2 Years Two years-
(A) An action for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rights of another not arising on contract and not herein especially enumerated, or to set aside a sale of real property for non-payment of real property taxes pursuant to Title 33, chapter 89, subchapter III of this Code. 5 V.I.C. § 31
Wrongful Death
2 Years The Virgin Islands Wrongful Death statute provides that the action “shall be brought by the decedent's personal representative.” 5 V.I.C. § 76(d). Unlike the majority of American wrongful death statutes, 5 V.I.C. § 76 does not provide for a limitations period. However, a two-year limitations period was judicially imposed. Cintron v. Bermudez, 6 V.I. 692 (D.V.I.1968). Hatchette v. W. Indian Co., Ltd., CIV. 1979-389, 1980 WL 626252 (D.V.I. July 18, 1980)
Medical Malpractice
2 Years No claim, whether in contract or tort, may be brought against a health care provider based upon professional services or health care rendered or which should have been rendered unless filed within two (2) years from the date of the alleged act, omission or neglect except that for such a claim against a health care provider for malpractice arising from a foreign object being left in a patient's body the time within which the claim must be filed shall be computed from the time the plaintiff discovers the presence of the foreign object or discovers facts which would reasonably lead to the discovery of the presence of the foreign object. 27 V.I.C. § 166d
Products Liability
2 Years

Two years-
(A) An action for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rights of another not arising on contract and not herein especially enumerated, or to set aside a sale of real property for non-payment of real property taxes pursuant to Title 33, chapter 89, subchapter III of this Code. 5 V.I.C. § 31

Discovery:

Under Virgin Islands law, two-year statute of limitations on asbestosis claim did not begin to run until plaintiff, by virtue of some physical manifestation of effects of disease, had actual knowledge of injury and its cause, or reason to know of injury and its cause through exercise of reasonable diligence. Joseph v. Hess Oil, 867 F.2d 179 (3d Cir. 1989)

Municipal Liability/Sovereign Immunity
Limited. Sovereign Immunity waived with respect to injury or loss of property or personal injury or death caused by wrongful act or omission of government employee while acting within scope of his employment. $25,000 maximum recovery.
Comparative Negligence
Applies.
Charitable Immunity
Sovereign Immunity waived. $25,000 maximum recovery.
Disabilities
SOL applies after disability ceases for infants and insane persons. Maximum of 2 years to commence actions. Ceases after 21st birthday.
Punitive Damages
None
No-Fault Insurance
None
Consumer Fraud Complaint
Virgin Islands Department of Licensing and Consumer Affairs
http://www.dlca.gov.vi/
(340) 773-2226 (St. Croix)
(340) 776-7216 (St. John)
(340) 774-3130 (St. Thomas)

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