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.
“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.