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 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)