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U.S. Virgin Islands Statute of Limitations

U.S. Virgin Islands Statute of Limitations

Statutes of Limitations are legal restrictions that dictate how long a plaintiff has to bring the lawsuit to court. The Virgin Islands statute of limitations are in place to ensure the details are fresh in the minds of everybody involved and to make sure each case is filed within a timely manner. Time limits vary between the various states, U.S. territories, and commonwealths.

Virgin Islands Statute of Limitations

The average Virgin Islands statute of limitations is around two years for most civil cases. This means that for whatever civil crime is committed, the plaintiff has two years from the date of the crime to talk to a lawyer. After talking to an attorney and making sure the case falls within the statutes of limitations, they will help the plaintiff bring it to the attention of the courts on the 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

The Virgin Islands statute of limitations 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

Virgin Islands Code Title 28 Chapter 31

Virgin Islands Title Code 28 Chapter 31 states that due to a 1947 rent control act, rent is frozen at their 1947 prices. The law favors the tenant in most cases, but landlords are allowed to petition the Rent Control Officer to adjust the maximum rent due in order to be compensated for major improvements and structural changes.

Frequently Asked Questions

The U.S. Virgin Islands are made up of 5 islands: Saint Croix, Vieques, Saint Thomas, Saint John, and Culebra. Between those five islands they have 16 zip codes: 00801, 00802, 00803, 00804, 00805, 00820, 00821, 00822, 00823, 00824, 00830, 00831, 00840, 00841, 00850, 00851.
The U.S. Virgin Islands officially became an unincorporated United States territory on January 17, 1917 and is currently led by the President of the United States.
Yes, but the U.S. Virgin Islands have a stringent firearm licensing process when it comes to firearms and you must go through a $75 application process where they are able to prove a good reason for needing a gun as well as two affidavits from trusted personnel that attest to the applicant’s good character. However, most applications do not get approved.
AThe airport code for St John and St Thomas in the U.S. Virgin Islands is STT.
The U.S. Virgin Islands is a territory of the United States of America and are U.S. citizens.

The U.S. Virgin Islands is actually a United States territory, not a commonwealth.

Consumer Fraud Complaint

Contact the Virgin Islands Department of Licensing and Consumer Affairs on their website
https://dlca.vi.gov/

or call them:
(340) 773-2226 (St. Croix)
(340) 776-7216 (St. John)
(340) 774-3130 (St. Thomas)

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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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