Issue: Under the laws of the Virgin Islands, when does a cause of action for a tort accrue?
| Area of Law: | Litigation & Procedure, Personal Injury & Negligence |
| Keywords: | Cause of action in tort; Accrual; Actual or constructive knowledge of the injury |
| Jurisdiction: | Federal, Virgin Islands |
| Cited Cases: | 867 F.2d 179; 486 F.2d 253 |
| Cited Statutes: | None |
| Date: | 02/01/2001 |
In the Virgin Islands, a cause of action in tort does not accrue for statute of limitations purposes until the plaintiff possesses actual or constructive knowledge of the injury and its cause. See Joseph v. Hess Oil, 867 F.2d 179 (3rd Cir. 1989) (asbestosis, gradual onset); Moorehead v. Miller, 21 V.I. 79, 102 F.R.D. 834, 837 (D. V.I. 1984) (legal malpractice; accrual upon actual or constructive discovery of "essential facts"). The crucial question in determining the accrual date for statute of limitations purposes is when the "injured party had sufficient notice of the invasion of his legal rights to require that he investigate." See Zeleznik v. United States, 770 F.2d 20 (3rd Cir. 1985), cert denied, 475 U.S. 1108, 106 S. Ct. 1513, 89 L.Ed.2d 913 (1986). But where the plaintiff remains in "blameless ignorance" of the essential facts of his injury, the statute does not begin to run. See Urie v. Thompson, 337 U.S. 163, 170, 69 S. Ct. 1018, 1025, 93 L.Ed. 1282 (1963); Ciccarone v. United States, 486 F.2d 253, 256 (3rd Cir. 1973). A plaintiff’s duty of diligence does not arise until he or she had such "sufficient notice."
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