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Statute of Limitations in Puerto Rico

Statute of Limitations in Puerto Rico

Statute of Limitations in Puerto Rico

NOTE: Due to the COVID-19 pandemic, the Puerto Rico Supreme Court extended statutes of limitations that would have expired between March 16 and May 17, 2020, to June 8. Delays are likely as the courts reopen and work through the backlog.

What Is the Statute of Limitations in Puerto Rico?

For most civil cases, there is a one-year statute of limitations in Puerto Rico from the date of the incident in question. Should you attempt to file a legal claim case after this deadline has passed, it will not be valid.

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)

Product Liability

1 Year

Product liability claims are governed by the same statute of limitations as negligence cases.

Discovery Rule

“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

Toxic tort claims are governed by the same statute as fraud and negligence claims.

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. 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

Puerto Rico has waived the right to sovereign immunity, but some compensation caps may apply.

Discovery Rule

The discovery rule applies to most claims in Puerto Rico.

Comparative Negligence

Puerto Rico follows the doctrine of comparative negligence when determining damage awards.

Charitable Immunity

Charitable organizations are not immune to prosecution.

Legal Disabilities

If the plaintiff is a minor, insane or a married woman whose husband must necessarily join her in commencement of action, the period of this legal disability is not included in the statute of limitations. Imprisonment is not considered a legal disability.

No-Fault Insurance

Puerto Rico has no-fault insurance laws.

Consumer Fraud Complaints

File consumer fraud complaints with the Department of Consumer Affairs either online or by printing out a complaint form and submitting it in person at one of the department’s regional offices. If you have questions, call 311 for assistance.

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Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

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