31 P.R. Laws Ann. § 5298

Section 5298(2) supplies a one-year limitations period for § 1983 claims alleging violation of First Amendment rights; a class action tolls that period during its pendency for all purported class members, and after denial of certification for lack of numerosity, the period begins anew.

Fernandez v. Chardon · filed 1982-06-08(2)

We hold, therefore, that a class action asserting a § 1983 claim tolls the Puerto Rican statute of limitations during the pendency of the class action for all purported class members and that when class certification is denied for lack of numerosity, the limitations period begins to run anew.

Section 5298(2) supplies the one-year limitations period governing tort actions, including civil-rights actions brought in federal district court in Puerto Rico.

Jaime Ramirez Morales, Etc. v. Isidoro Rosa Viera, Etc. · filed 1987-03-25(2)

On appeal, plaintiffs do not dispute the settled proposition that the statute of limitations applicable to their civil rights actions brought in federal district court in Puerto Rico is Puerto Rico’s one-year statute of limitations governing tort actions.

Section 5298(2) provides a one-year limitations period for obligations arising from fault or negligence, including personal-tort actions.

Ayala v. Feliciano · filed 1990-01-02(2)

Under the laws of Puerto Rico, the limitations period for tort actions, or “obligations arising from fault or negligence,” is the one year limitations period provided by Article 1868(2) of the Civil Code, P.R. Laws Ann. tit. 31, § 5298(2).

Section 5298(2) provides a one-year limitations period for tort actions, including obligations arising from fault or negligence.

Narvaez v. Ariel Nazario, Etc. · filed 1990-02-05(2)

Ever since the days of the Spanish-American war it has been the law of Puerto Rico that the limitations period for tort actions, or “obligations arising from fault or negligence,” is the one year limitations period provided by Article 1868(2) of the Civil Code, P.R.Laws Ann. tit. 31, § 5298(2).

Section 5298(2) imposes a one-year statute of limitations on tort actions; a tort complaint filed 14 months after the injury is untimely unless the limitations period was tolled.

Guillermo Bonilla-Aviles, Maria Velazquez, C/p Bonilla-Velazquez v. Southmark San Juan, Inc. · filed 1993-05-12(2)

As noted, Puerto Rico has a one-year statute of limitations for all tort actions. P.R.Laws Ann. tit. 31, § 5298(2) (1991). Since the complaint was filed 14 months after Mr. Bonilla allegedly was injured, on its face it appears untimely under the statute.

Section 5298 imposes a one-year limitations period on civil-liability actions based on fault or negligence, running from when the aggrieved person knew of the damage.

Juan A. Damiani Montalban, Ivelisse Vazquez De Damiani, and the Conjugal Partnership Composed by Both v. Puerto Rico Mar · filed 1993-05-19

Under Puerto Rico law, all actions for civil liability based on fault or negligence are time barred after one year "from the time the aggrieved person had knowledge thereof." P.R. Laws Ann. tit. 31, § 5298 (1991). ... The date an employee becomes aware that he has been damaged by a decision to terminate, his cause of action begins and the longevity of that claim for purposes of the statute of limitations is set. On March 10, 1989, Damiani became aware that he would be terminated, therefore the statute of limitations for any claim of damages under § 146 then began to run.

Section 5298 provides a one-year limitations period for tort causes of action.

Bonilla v. Trebol Motors Corp. · filed 1995-12-19

The statute of limitations for causes of action brought under tort is one year. P.R. Laws Ann. tit. 31, § 5298. ... Therefore, any cause of action for malicious prosecution filed after the expiration of the one-year period is time-barred.

Section 5298 requires tort actions arising from fault or negligence to be filed within one year after the aggrieved person knows of the injury.

Rodríguez-Surís v. Montesinos · filed 1996-08-19

Puerto Rico’s Civil Code provides that actions for obligations arising from fault or negligence prescribe one year from the moment aggrieved person has knowledge of the injury; that is to say, the statute of limitations provides a one-year term for a tort action. P.R.Laws Ann. tit. 31, § 5298 (1990).

Section 5298(2) provides a one-year limitations period for personal tort actions.

Leon-Nogueras v. University of Puerto Rico · filed 1997-03-31(2)

In Puerto Rico, that statute is Civil Code Art. 1868, codified at P.R. Laws Ann. tit. 31, § 5298(2) (1995), which provides a one-year period for personal tort actions.

Section 5298 gives a tort plaintiff one year to sue, measured from knowledge of the injury and of the person who caused it.

Morales v. Estado Libre Asociado De Puerto Rico · filed 1997-06-04

The statute of limitations for tort actions in Puerto Rico is one year from knowledge thereof. P.R. Laws Ann. tit. 31, § 5298 (1990). “Knowledge” includes both “notice of the injury” and “notice of the person who caused it.” ... In the case at bar, Vázquez Morales knew of his transfer to the Ponce District Hospital, and the identity of the party that ordered the transfer, allegedly in violation of EMTALA, in 1994. If he desired to sue the Commonwealth as owner of the Yauco Area Hospital for violation of EMTALA, he should have done so by October 27, 1995.

Section 5298 provides a one-year limitations period for Puerto Rico personal-injury actions.

Lopez v. Padilla · filed 1999-09-30

Under Puerto Rico law the applicable statute to Plaintiffs’ § 1983 claims is the one year limitations period provided for personal injury actions under Article 1868 of the Civil Code, P.R.Laws Ann. tit. 31, § 5298 (1990).

Section 5298(2) sets a one-year limitations period for personal-injury actions and supplies the limitations period for § 1983 claims in this jurisdiction.

Lozano v. Corona · filed 2002-02-11(2)

In this jurisdiction the one-year period applicable to personal injury actions found at P.R. Laws Ann. tit. 31, § 5298(2) (1990) has been determined as the pertinent statute of limitations for § 1983 claims.

Section 5298 gives tort actions a one-year limitations period that begins when the injured party knows of the tort.

R & G Engineering, Inc. v. Transcontainer Transport, Inc. · filed 2002-07-18

Conversion is a form of intentional fault governed by Art. 1802 of the Puerto Rico Civil Code, Laws of P.R. Ann. tit., 31 § 5141 (1990) which provides that a person who causes damage to another through fault or negligence is liable in damages. Tort actions have a one-year statute of limitations, which commences to run on the date the aggrieved party had knowledge of the tort. Art. 1868 of the Puerto Rico Civil Code, Laws of P.R. Ann. tit., 31 § 5298 (1990).

Section 5298(2) sets a one-year limitations period for actions sounding in tort in Puerto Rico.

Santiago v. AUTONOMOUS MUNICIPALITY OF PONCE · filed 2006-09-27(2)

As previously noted, pursuant to § 5298(2) the term for instituting actions sounding in tort in Puerto Rico is one year. In accordance with art. 40 of the P.R.Code of Civ. P., the one-year is tolled for minors until they reach majority of age.

Section 5298(2) supplies a one-year statute of limitations for § 1983 claims in Puerto Rico.

RODRIGUEZ v. Trujillo · filed 2007-09-07(2)

In this jurisdiction the one-year period applicable to personal injury actions found at P.R. Laws Ann. tit. 31, § 5298(2) (1990) has been determined as the pertinent statute of limitations for § 1983 claims.

The one-year limitations period bars civil-rights claims based solely on the 1977 demotions unless the plaintiff alleges a discriminatory act or policy within the year before filing suit.

Velazquez v. Chardon · filed 1984-06-21(2)

Appellants do not dispute that their actions are subject to the one-year limitations period of P.R.Laws Ann. tit. 31, § 5298(2). ... This statute of limitations would clearly have barred suits based solely on the 1977 demotions. ... They must allege that a discriminatory act occurred or that a discriminatory policy existed in the year before they filed suit.

Section 5298 provides a one-year limitations period for personal injury actions, which the court applied to the plaintiff's § 1983 claim.

Cordero v. Autonomous Municipality of Ponce · filed 2002-01-22

Under Puerto Rico law, the applicable limitations period for personal injury actions — and, consequently, for Rivera Cordero’s § 1983 claim' — is one year.

Section 5298 provides a one-year limitations period for instituting tort actions in Puerto Rico.

Sanchez Piñero v. Department of Housing & Urban Development · filed 2008-12-16

In Puerto Rico, the applicable period for instituting actions sounding in tort is one year as provided for in P.R. Laws Ann. tit. 31, § 5298 (1990).

Section 5298 starts Puerto Rico's one-year limitations period when the injured person has knowledge of the injury, and a later claim cannot toll the period after that year has elapsed.

Rosa v. Hospital Auxilio Mutuo De Puerto Rico, Inc. · filed 2009-03-31

The Court finds, however, that the letter of February 26, 2002 did not toll the one year statute of limitations under Puerto Rico law, 31 L.P.R.A. § 5298, as alleged by plaintiffs, as more than one year had elapsed since Rosa had notice of the injury on January 19, 2001. Hence, the complaint filed on September 6, 2002, on diversity grounds, is time barred, as it was filed after the one year statute of limitations under applicable Puerto Rico law, 31 L.P.R.A. § 5298, had elapsed.

Section 5298(2) supplies Puerto Rico's one-year limitations period for § 1983 actions in the District of Puerto Rico.

Ramos-Borges v. PUERTO RICO HEALTH DEPT. · filed 2010-09-27(2)

The applicable law in Puerto Rico is P.R. Laws Ann. tit. 31, § 5298(2). As such, a one-year statute of limitations applies for actions brought in the District of Puerto Rico under section 1983.

Section 5298 imposes a one-year limitations period for tort actions, beginning when the injured person knows or should know of the injury and the likely tortfeasor; the plaintiff must exercise due diligence to identify the tortfeasor within that period.

Guerrios-Flores v. S.M. Medical Services, C.S.P. · filed 2020-04-07

The Puerto Rico Civil Code, which applies to this diversity case, establishes a one-year statute of limitations for tort actions, commencing once “the aggrieved person ha[s] knowledge” of the injury. P.R. Laws Ann. tit. 31, § 5298. ... The one year-period begins when a plaintiff (1) has “actual knowledge of both the injury and of the identity of the person who caused it” or (2) “is deemed to be on notice of her cause of action if she is aware of certain facts that, with the exercise of due diligence, should lead her to acquire actual knowledge of her cause of action.” ... However, Plaintiff did not sue Dr. Hernández until after the one-year period following knowledge of the injury had elapsed. Under Puerto Rico law, “the statute of limitations must be tolled separately for each joint tortfeasor.” ... In light of Plaintiff’s own contradictory explanations, it is clear that “[r]easonable men and women cannot differ on the statute of limitations inquiry here because Plaintiffs did not meet [her] burden to prove due diligence,” neither at the state or federal level. ... Thus, judgment for codefendant Dr. Hernández on the grounds of being time-barred is appropriate.

Section 5298 imposes a one-year limitations period for tort actions that begins when the injured person knows or should know of the injury and its likely tortfeasor.

Hernandez-Gonzalez v. Manati Medical Center · filed 2020-06-30

The Puerto Rico Civil Code applies to this diversity case and establishes a one-year statute of limitations for tort actions. The statute starts to run once “the aggrieved person ha[s] knowledge” of the injury. P.R. Laws Ann. tit. 31, § 5298.

Section 5298(2) provides a one-year limitations period for personal tort actions, which Puerto Rico courts borrow for § 1983 claims.

Ortiz v. de San Juan · filed 2021-03-29(2)

In Puerto Rico, that statute is Civil Code Art. 1868, codified at P.R. Laws Ann. tit. 31, § 5298(2) (1995), which provides a one-year period for personal tort actions.

Section 5298(2) supplies a one-year limitations period for section 1983 claims under Puerto Rico law, beginning one day after accrual when the plaintiff knew or had reason to know of the injury.

Cruzado-Laureano v. Puerto Rico Comptroller's Office · filed 2021-05-26(2)

Section 1983 is subject to a one-year limitations period pursuant to Puerto Rico law. P.R. Laws Ann. tit. 31, § 5298(2); Benítez-Pons v. Puerto Rico, 136 F.3d 54, 59 (1st Cir. 1998) (“Puerto Rico law establishes a one-year prescription period for the [section 1983] claims in this case.”). Commencement of the limitations period “begins running one day after the date of accrual, which is the date plaintiff knew or had reason to know of the injury.” Id. at 59.

Section 5298 imposes a one-year prescription period on civil-liability actions arising from fault or negligence, running from when the aggrieved person knew of the injury.

Efron v. UBS Financial Services Incorporated · filed 2025-03-31

Moreover, even if, arguendo, the Court were to apply Puerto Rico law, this claim would have to be dismissed as time-barred since it relates to events that occurred in 2005, that is, almost twenty years ago. ... P.R. Laws Ann. tit. 31, § 5298 (one-year prescription period applies to “[a]ctions to demand civil liability for. . . for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof.”); ... Consequently, in any case, Count IV of the Complaint must be dismissed.

Section 5298's one-year period begins when the injured person learns of the injury; for a Law 100 constructive-discharge claim, it begins when the employee elects to retire.

American Airlines, Inc. v. Cardoza-Rodriguez · filed 1998-01-07

Under substantive Puerto Rico law generally, actions for civil liability based on fault commence "from the time the aggrieved person had knowledge thereof." P.R. Laws Ann. tit. 31, § 5298 (1991); Rodriguez v. Nazario De Ferrer et al., 121 P.R. Dec. 347, P.R. Offic. Trans. No. CE-86-417, at 9 (P.R.1988). ... Therefore, in the context of a constructive discharge, the date the employee elects to retire triggers the Law 100 limitation period.

Section 5298(2) supplies the one-year limitations period for personal injury claims brought under 42 U.S.C. § 1983 in Puerto Rico.

Santana-Castro v. Toledo-Davila · filed 2009-08-27(2)

Plaintiffs' complaint brought claims under § 1983, which borrows the forum state's statute of limitations for personal injury claims. ... The parties agree that Puerto Rico's one-year prescriptive period governing tort actions is the statute of limitations applicable to plaintiffs' claims.

Section 5298 imposes a one-year limitation period for negligence actions, running from the aggrieved person’s knowledge of both the injury and the person who caused it.

Carmen Fragoso, A/K/A Carmen Fragoso De Conway v. Dr. Maria A. Lopez · filed 1993-04-05

The statute of limitations governing negligence actions is “one year ... from the time the aggrieved person has knowledge of the injury.” P.R.Laws Ann. tit. 31, § 5298 (1990). “Knowledge of the injury,” under Puerto Rico law, is a term of art. It requires a showing of both “notice of the injury” and “notice of the person who caused it.”

Section 5298 imposes a one-year tort-claims period that begins when the injured person knows of the injury and the person who caused it, subject to tolling when reasonable reliance on the tortfeasor’s assurances excuses lack of diligence.

prod.liab.rep. (Cch) P 15,038 Edna Rodriguez-Suris v. Montesinos · filed 1997-09-15

The Puerto Rico statute of limitation for tort actions provides for a one-year limitation period that begins to run from “the time the aggrieved person has knowledge of the injury.” P.R. Laws Ann. tit. 31, § 5298 (1994). Plaintiff bears the burden of proving when the “damage” became known. ... What is it that one must know in order to have “knowledge of the injury?” The Supreme Court of Puerto Rico has stated that a plaintiff will be deemed to have “knowledge” of the injury, for purposes of the statute, of limitation, when she has “notice of the injury, plus notice of the person who caused it.”

Section 5298 requires a tort action to be brought within one year after the injured person has knowledge of the injury and sufficient facts to determine who caused it.

Sol Kaiser v. Armstrong World Industries, Inc. · filed 1989-04-13

The statute of limitations governing a civil negligence action in Puerto Rico is “one year ... from the time the aggrieved person has knowledge” of the injury. ... We therefore hold that by August 15, 1985 Kaiser had sufficient knowledge of facts from which to determine “the author of his injury ... so that he could know who to sue.”

Section 5298 imposes a one-year period for tort actions that begins when the injured person knows of both the injury and the person who caused it.

Alamo v. Mangual Cleaning Services, Inc. · filed 1997-04-17

“Knowledge” includes both “notice of the injury” and “notice of the person who caused it.”

Section 5298's one-year limitations period begins when the plaintiff knows both the injury and the identity of the person who caused it; no confidence in the claim's legal merit is required.

Alejandro-Ortiz v. Puerto Rico Electric Power Authority · filed 2014-06-20

In Puerto Rico, the statute of limitations is a substantive and not a procedural matter. ... It provides that a cause of action for civil liability will expire and become legally unenforceable one year from the "time the aggrieved person had knowledge thereof." ... According to the Puerto Rico Supreme Court, a plaintiff will have "knowledge" of her claim once she has actual knowledge of both the injury and of the identity of the person who caused it. ... Accordingly, on May 6, 2008, once Rodríguez learned of the accident and that it was caused by a power line owned by PREPA, she had all the necessary elements to bring suit. On May 7, 2009, it became too late for her to bring that claim.

Section 5298 imposes a one-year limitations period for negligence claims that begins when the injured person knows of the injury and its origin or, with due diligence, has enough information to sue.

Delaney v. Puerto Rico Children's Hospital · filed 2016-05-02

That is, the statpte begins to run when the aggrieved party has actual knowledge of the injury and its. origin, or with due diligence would have sufficient information to permit suit.

Section 5298(2)’s one-year period began to run when public coverage of a drug withdrawal put a tort claimant on notice of a potential link to her injury.

In Re Vioxx Products Liability Litigation · filed 2007-11-08(2)

Applying these principles to the plaintiffs strict liability and negligence claims in Counts I and II, and drawing all justifiable inferences in her favor, the Court finds that, at the very latest, Puerto Rico’s one-year statute of limitations began to run on September 30, 2004. Both the national and local media coverage of the withdrawal of Vioxx from the market were sufficient to put the plaintiff on notice of a potential link between her alleged injuries and the use of Vioxx.

Section 5298(2) imposes a one-year limitations period that begins when the injured party knew or should have known of the injury and the likely identity of the tortfeasor.

Espada v. Cancel Lugo · filed 2001-07-17(2)

The statute of limitations governing this action is one year, as provided by Article 1868(2) of the Puerto Rico Civil Code, P.R.Laws Ann. tit. 31, § 5298(2). ... A cause of action under article 1802 accrues, and the prescriptive period set by article 1868(2) therefore begins to run, “when the injured party knew or should have known of the injury and of the likely identity of the tortfeasor.”

Section 5298(2) provides a one-year limitations period for personal-injury actions, which applies to § 1983 claims in Puerto Rico.

Educadores Puertorriqueños v. Hernandez · filed 2007-08-28(2)

In this jurisdiction the one-year period applicable to personal injury actions found at P.R. Laws Ann. tit. 31, § 5298(2) (1990) has been determined as the pertinent statute of limitations for § 1983 claims.

Section 5298's one-year limitations period does not bar an action when the filing period began only upon the claimant's knowledge or reason to know of the injury and the action was timely filed thereafter.

Bankr. L. Rep. P 72,300 in Re San Juan Hotel Corporation, Debtor. Hans Lopez-Stubbe v. Rodriguez-Estrada · filed 1988-05-18

First, even if a one year statute of limitations did apply, Lopez’s action was timely.

Section 5298(2) provides the one-year limitation period governing these § 1983 claims.

Calero-Colon v. Betancourt-Lebron · filed 1995-10-17(2)

The one-year limitation period prescribed in Arti-ele 1868(2) of the Civil Code of Puerto Rico, P.R.Laws Ann. tit. 31, § 5298(2) (1991), governs these section 1983 claims.

Section 5298 supplies a one-year limitations period for personal-injury actions, which the court applies to the plaintiffs’ § 1983 claim.

Empress Hotel Inc. v. Rico · filed 2002-08-09

Under Puerto Rico law, the applicable limitations period for personal injury actions — and, consequently, for plaintiffs’ § 1983 claim — is one year.

Section 5298 imposes a one-year limitations period for article 1802 actions, running when the injured person knows or should know of the injury and the likely tortfeasor's identity.

Ward v. RIO MAR ASSOCIATES, INC. · filed 2011-06-02

The limitations period for actions brought pursuant to article 1802 is one year. P.R. Laws Ann. tit. 31, § 5298. The period begins to run as soon as the injured party knows or should know of the injury and of the likely identity of the tortfeasor.

For a tort claim, the one-year prescriptive period does not accrue until the plaintiff knows or, exercising reasonable diligence, should know the likely identity of the tortfeasor.

Velazquez v. Schindler Corp. · filed 2013-09-13

The parties agree Puerto Rico’s one-year statute of limitations for tort actions applies to this case. P.R. Laws Ann. tit. 31, § 5298. Two aspects of this law are relevant to this analysis. First, the start of the prescriptive period when the plaintiff is not immediately aware of the identity of the alleged tortfeasor, and; second, whether Plaintiff reasonably delayed her investigation to ascertain the identity of the alleged tortfeasor. Essentially, to survive Defendant’s motion to dismiss, the court must find Plaintiffs injury did not accrue prior to April 5, 2012. ... In arriving at the conclusion that Plaintiffs suit is timely, the court notes Plaintiff need not take all possible steps to ascertain the identity of Schindler. Plaintiff need only act as a reasonable person in her position to determine the identity of the tortfeasor. Therefore, the court finds Plaintiff met her burden and acted reasonably in attempting to resolve her claim. Defendant’s motion to dismiss for violation of the statute of limitations is DENIED without prejudice.

Section 5298 gives medical-malpractice claims a one-year limitations period, running from the injured person's knowledge, and the period is tolled as to a hospital when the original complaint timely names its jointly liable physician in a perfect-solidarity relationship.

Ramirez-Ortiz v. Corporacion del Centro Cardiovascular de Puerto Rico y del Caribe · filed 2014-02-12

Medical malpractice claims pursuant to articles 1802 and 1803 of the Civil Code carry a statute of limitations of one year. P.R. Laws Ann. tit. 31, § 5298. The prescription period begins to run “from the time the aggrieved person has knowledge thereof.” ... It follows, therefore, that the interruptive effect of prescription applies to plaintiffs’ negligence claims against HDLC and Dr. Lugo-Rosas, and that the original complaint’s inclusion of Dr. Lugo-Rosas tolled the statute of limitations as to HDLC.

Section 5298 gives an aggrieved person one year to sue for medical malpractice, with accrual requiring knowledge of both the injury and its causal link to the allegedly negligent medical procedure.

Santana-Concepcion v. Centro Medico del Turabo, Inc. · filed 2014-09-23

Puerto Rico law affords one year to file suit for medical malpractice after "the aggrieved person ha[s] knowledge thereof." P.R. Laws Ann. tit. 31, § 5298 (2008); see also Ortiz v. Municipio De Orocovis, 13 P.R. Offic. Trans. 619, 621 (1982). Although the running of the statute of limitations does not wait for the injury to "reach its final degree of development," it does not begin to run until there is "knowledge" of the malpractice. Ortiz, 13 P.R. Offic. Trans. at 621.

Section 5298(1) imposes a one-year limitations period on replevin claims, beginning when a reasonably diligent person would discover enough facts to realize the injury and identify the responsible party.

Rojas-Buscaglia v. Taburno-Vasarhelyi · filed 2016-08-05(1)

Article 1868 of the Puerto Rico Civil Code imposes a one-year statute of limitations on replevin claims. P.R. Laws Ann. tit. 31, § 5298(1). The statute of limitations begins to run “at the time a reasonably diligent person would discover sufficient facts to allow her to realize that she’d been injured and to identify the party responsible for that injury.”

Section 5298 imposes a one-year statute of limitations on Article 1802 tort actions, beginning when the claimant knows of the injury and the person who caused it.

Maldonado v. De Ahorro · filed 2010-02-09

The statute of limitations for tort actions pursuant to Article 1802 is one year.

Section 5298(2) establishes a one-year limitations period for personal-injury claims, which applies to § 1983 claims through Puerto Rico law.

Díaz v. Rivera · filed 2016-11-16(2)

Under Puerto Rico law, the limitations period is one year. Rodriguez Narvaez v. Nazario, 895 F.2d 38, 42 (1st Cir. 1990) (citing P.R. Laws Ann. tit. 31, § 5298(2)).

Section 5298(2) tolls the one-year limitations period until the plaintiff reaches age 21, allowing one year after reaching 21 to file the action.

Marjorie Marie Valedon Martinez v. Hospital Presbiteriano De La Comunidad, Inc. · filed 1986-12-17(2)

Under either § 5298(2) or § 4109, appellee had one year after reaching age 21 within which to file her action.

Section 5298 prevents an action from accruing when the defendant fraudulently conceals facts essential to the claim.

Ramirez v. Garcia · filed 1990-03-13

Similarly, under Puerto Rican law, an action will not accrue where the defendant has fraudulently concealed facts essential to the action.

Section 5298(2) provides a one-year limitations period for § 1983 actions in Puerto Rico.

Chévere-Rodríguez v. Pagán · filed 2004-11-19(2)

In Puerto Rico, the limitations period applicable to section 1983 actions is one year.

Section 5298(2) starts the one-year tort prescriptive period when the injured person knows of the harm and who is responsible for it.

Rodriguez v. Suzuki Motor Corp. · filed 2009-06-22(2)

The statute of limitations or prescriptive period for such tort actions begins to run "from the time the aggrieved person has knowledge thereof." P.R. Laws Ann. tit. 31, § 5298(2); see also García-Pérez, 2008 WL 2717833, at *4 (stating that the statute of limitations starts to run once the injured party knows both that he has suffered a harm and who is responsible for it).

Section 5298(2) provides a one-year limitations period for personal-injury-based claims, which governs Section 1983 claims in Puerto Rico.

Toledo-Colon v. Rico · filed 2011-09-21(2)

The Puerto Rico Civil Code proscribes a one year limitations period for these actions. ... Consequently, the limitations period for Section 1983 claims brought in Puerto Rico is the one year period under Articles 1802 and 1803 of the Puerto Rico Civil Code.

Section 5298(2) sets a one-year limitations period for personal-injury claims, which applies to § 1983 claims in Puerto Rico.

Asociación de Suscripción Conjunta del Seguro de Responsabilidad Obligatorio v. Juarbe-Jiménez · filed 2011-09-29(2)

The Association’s takings claim was brought under 42 U.S.C. § 1983. Section 1983 does not contain its own statute of limitations; instead, the courts apply the state’s personal injury statute of limitations to all § 1983 claims, regardless of the underlying law on which the claim is based. Owens v. Okure, 488 U.S. 235, 240-41, 109 S.Ct. 573, 102 L.Ed.2d 594 (1989). In Puerto Rico, the relevant limitations period is one year. P.R. Laws Ann. tit. 31, § 5298(2); Perez-Sanchez v. Pub. Bldg. Auth., 531 F.3d 104, 107 (1st Cir.2008) (“In Puerto Rico, the limitations period for personal injuries is one year.”). Further, “[i]t is federal law” that governs “when the statute of limitations begins to run.” Gorelik v. Costin, 605 F.3d 118, 121 (1st Cir.2010).

Section 5298 provides a one-year limitation period for Puerto Rico inverse condemnation actions.

Paret-Ruiz v. United States · filed 2012-03-06

Puerto Rico state law provides a one year limitation period for inverse condemnation actions. P.R. Laws Ann. tit. 31, § 5298. Therefore, Plaintiffs constitutional taking of property action must be filed within one year of accrual.

Section 5298(2) set a one-year limitations period for personal-injury actions, beginning one day after accrual.

Caban-Lopez v. Cortes-Feliciano · filed 2025-09-30(2)

In Puerto Rico, the limitations period for personal injuries is one year. See Article 1204(a) of the 2020 Puerto Rico Civil Code, P.R. Laws Ann. tit. 31, § 9496(a) (formerly Article 1868(2) of the 1930 Puerto Rico Civil Code, P.R. Laws Ann. tit. 31, § 5298(2)). Under Puerto Rico law, the one-year limitations period begins to run one day after the date of accrual. See Centro Médico del Turabo, 406 F.3d at 6 (citing Carreras–Rosa v. Alves–Cruz, 127 F.3d 172, 175 (1st Cir. 1997)). The date of accrual is determined based on federal law. Id. A 1983 action generally accrues “when the plaintiff knows, or has reason to know, of the injury on which the action is based.” Id.

Section 5298 establishes a one-year limitations period for personal-injury actions.

Burgos v. Fontánez-Torres · filed 2013-06-27

Pursuant to Puerto Rico law, the applicable limitations period for personal injury actions is one year.

Section 5298 provides a one-year limitations period, and the period is not tolled as a continuing violation merely because the challenged statute remains valid and enforced.

de Empleados v. FOMB · filed 2020-10-28

"Under Puerto Rico law, \"continuing acts or omissions\" toll § 5298's limitations period. ... But, we are dealing here with harm resulting from the enactment of a statute, and the plaintiffs point to no authority to support their assertion that the alleged interference with their bargaining rights constitutes such \"continuous acts or omissions\" when it results from the passage of legislation alone. ... Accordingly, we affirm the dismissal of the unions' claims."

Section 5298's limitations period is tolled when a plaintiff timely manifests an intent to pursue the cause of action, including despite an initially misidentified defendant, when the plaintiff has exercised diligence and the defendant is not prejudiced.

Adorno v. Browning Ferris Industries of Puerto Rico, Inc. · filed 1997-07-24

The Court finds that the Puerto Rico tribunals have applied the statute of limitations so as to achieve an equitable balance between foreclosing a plaintiffs cause of action merely because the plaintiff did not know the identity of the appropriate defendant on the one hand and, on the other hand, allowing the plaintiff to bring an action against a defendant first notified of the suit long after the incident giving rise to the suit took place. ... In order to do this, the Court has relied on the actions of the plaintiff when addressing prescription — the basis of prescription is inactivity that demonstrates an intent not to pursue the cause of action, and it can be interrupted by an unequivocal demonstration of intent to utilize the cause of action. ... In other words, if the plaintiff manifests an intention to sue, that manifestation will generally suffice to toll the statute. ... In the ease at bar, we have no problem finding that the plaintiffs case should not be barred by the statute of limitations. First, the delay was not long — the suit was filed on January 23, 1997, less than six months after the statute of limitations would have run, and the complaint was served on the defendant on March 7,1997. In fact, had the plaintiffs timely filed their case in this Court initially — i.e. before October 29, 1997 — they would have had until the end of February to serve the defendant. In other words, the defendant has hardly been prejudiced by the short delay in this case. Moreover, the plaintiffs have not completely failed to demonstrate diligence. Although the plaintiffs should have been more careful in finding out the true identity of the proper defendant, mistaking Browning Ferris Industries, Inc. for Browning Ferris Industries of Puerto Rico, Inc. is understandable. For the reasons set forth above, the Court hereby DENIES the defendant’s Motion to Dismiss.

Section 5298 imposes a one-year limitations period for tort claims that begins when the injured person knows of the injury and who caused it.

Ortiz v. Com. of Puerto Rico · filed 2000-06-22

A one-year statute of limitations applies to torts in Puerto Rico. P.R. Laws Ann. tit. 31, § 5298 (1991). Further, this period begins at “the time the aggrieved person had knowledge” of the injury. P.R. Laws Ann. tit. 31, § 5298 (1991). This statutory provision has been interpreted by the Supreme Court of Puerto Rico to require one to show “both ‘notice of the injury’ and ‘notice of the person who caused it.’ ”

Section 5298(2) imposes a one-year limitations period for fault-or-negligence actions, beginning when the injured person knew or should have known of the injury and the likely tortfeasor.

Vargas-Ruiz v. GOLDEN ARCH DEVELOPMENT, INC. · filed 2003-06-30(2)

Furthermore, Article 1868(2) of the Puerto Rico Civil Code establishes a one-year limitations period for actions arising from fault or negligence, “from the moment the aggrieved person ha[d] knowledge of the injury.” P.R. Laws Ann. tit. 31, § 5298(2). Article 1868 bars any action for recovery of non-contractual damages brought more than one year from the time the aggrieved person has knowledge of the injury. A cause of action under article 1802 accrues — and the prescriptive period set by article 1862(2) therefore begins to run— when the injured party knew or should have known of the injury and of the likely identity of the tortfeasor.

Section 5298 sets a one-year limitations period for tort actions, running when the plaintiff gains knowledge of the claim.

Luciano v. Alvarez · filed 1994-03-30

Under Puerto Rico law, the statute of limitations for tort actions is one year from the time plaintiff gains knowledge of his claim.

Section 5298(2) sets a one-year limitations period for tort obligations arising from fault or negligence, running from when the aggrieved person knows of the injury.

Baez v. Lopez · filed 1999-06-30(2)

In Puerto Rico, the applicable limitations period for a tort action or “... for obligations arising from the [defendant’s] fault or negligence” under art. 1802, is one (1) year “from the moment the aggrieved person ha[d] knowledge of the injury.” P.R.Laws Ann. tit. 31, § 5298(2) (offic.trans.1991).

Section 5298 supplies a one-year limitations period for § 1983 claims in Puerto Rico, running from accrual.

Llantin-Ballester v. Negron-Irrizary · filed 2005-01-07

It is well-settled that the limitations period for § 1983 claims “is governed by the applicable state statute of limitations for personal injury actions, which is one year in Puerto Rico”.

Section 5298 imposes a one-year limitations period for tort actions, beginning when the injured person has knowledge of the injury.

Melendez v. HOSP. HERMANOS MELENDEZ, INC. · filed 2008-03-07

The Puerto Rico Civil Code provides for a one-year statute of limitations in actions sounding in tort. P.R. Laws Ann. tit. 31, § 5298 (2006). This period starts to run “from the time the aggrieved person had knowledge [of the injury].”

Section 5298 sets a one-year limitations period for Puerto Rico tort actions, beginning when the claimant has notice of the injury and the person who caused it.

Cintron-Luna v. Roman-Bultron · filed 2009-10-22

The statute of limitations for tort actions in Puerto Rico is one year. ... The one year period begins to run once “the claimant is on notice of her claim; that is, notice of the injury, plus notice of the person who caused it.”

Section 5298(2) imposes a one-year limitation period for Puerto Rico Civil Code article 1802 tort claims, running from when the injured person has knowledge of the harm.

Redondo Construction, Co. v. Izquierdo · filed 2012-12-03(2)

The Puerto Rico Civil Code provides a one-year statute of limitations for claims pursuant to article 1802. P.R. Laws Ann. tit. 31, § 5298(2). The statute of limitations or prescription period for those tort actions begins to run “from the time the aggrieved person has knowledge thereof.”

Section 5298(2) provides a one-year prescriptive period for Article 1802 tort claims.

Rojas v. Puerto Rico CVS Pharmacy, LLC · filed 2022-03-31(2)

Tort claims under Article 1802 “are subject to the one-year statute of limitations” provided for in Article 1868 (2) of the Civil Code, P.R. Laws Ann. tit. 31, § 5298(2).

Section 5298 gives an Article 1802 claim a one-year limitations period running from the aggrieved party’s knowledge.

Estate of Rosario v. Falken Tire Corp. · filed 2015-06-17

The statute of limitations for article 1802 claims is one year from the time the aggrieved party has knowledge.

Section 5298(a)(2) gives tort plaintiffs one year to sue, and the period begins when they know both that they were injured and who is or may be responsible.

Rivera-Carrasquillo v. Centro Ecuestre Madrigal, Inc. · filed 2016-01-25(a)(2)

The one-year clock begins ticking "from the time the aggrieved person had knowledge" of the existence of her claim. ... To have "knowledge" that she has a claim -- thereby triggering the countdown -- a person needs to be aware not only that she has been injured, she also needs to know who is (or may be) responsible for that injury.

Section 5298(2) gives a tort damages claim a one-year limitations period; letters that fail to give fair notice of the claim do not interrupt that period.

Anda v. Ralston Purina, Co., Luis Riofrio Anda v. Ralston Purina, Co. · filed 1992-03-25(2)

Appellants agree that the applicable one year statute of limitations, P.R. Laws Ann. tit. 31, § 5298(2), began to run on February 11, 1988, the date of Riofrio’s discharge. At issue is whether letters Riofrio’s counsel sent to the appellees on May 16, 1988 and September 23, 1988 constituted extrajudicial claims, pursuant to P.R. Laws Ann. tit. 31, § 5303, sufficient to toll the statute of limitations. ... We find that neither the letters nor the proposed separation agreement were sufficient to give Ralston fair notice that a lawsuit based on breach of contract and wrongful discharge were in the offing.