An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced with one (1) year from the date when the injury is first discovered; provided, that such action shall be commenced within three (3) years from the date of treatment, omission or operation upon which the action is based.

SOURCE: CCP § 349 added by P.L. 13-116:3, amended by P.L. 15-106:7.

NOTE: Section 8 of P.L. 15-106 provides that this section shall apply prospectively only and that no action or defense pending on the effective date shall be affected thereby.

§ 11309. Limitations on Actions Regarding Patent
Deficiencies in Improvements in Real Estate.

(a) Except as otherwise provided in this Section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than ten (10) years after the date of substantial completion of the development or improvement for any of the following:
(1) Any patent deficiency in the design, specifications, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property;

(2) Injury to property, real or personal, arising out of any such patent deficiency; or

(3) Injury to the person or for wrongful death arising out of any such patent deficiency.

(b) If, by reason of such patent deficiency, an injury to property or the person of an injury causing wrongful death occurs during the tenth (10th) year after the date of substantial completion of the development or improvement, an action in tort to recover damages for such an injury or wrongful death may be brought within one (1) year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than eleven (11) years after the date of substantial completion of the development or improvement.

(c) Nothing in this section shall be construed as extending the period prescribed by the laws of this territory for the bringing of any action.

(d) The limitation prescribed by this section shall not be asserted as a defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.

SOURCE: CCP § 349.1 added by P.L. 18- 43:26 (9/8/86). Subsection (a)
amended by P.L. 24-90:2. Subsection (b) amended by P.L. 24-90:3.

§ 11310. Limitation on Actions – Latent Deficiencies in
Improvements in Real Property.

(a) Except as otherwise provided in this Section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than ten (10) years after the
date of substantial completion of the development or improvement for any of the following:

(1) Any latent deficiency in the design, specifications, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property;

(2) Injury to property, real or personal, arising out of any such patent deficiency.

(b) As used in this section, latent deficiency means a deficiency which is not apparent by reasonable inspection.

(c) As used in this section, action includes an action for indemnity brought against a person arising out of his performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed in an action which has been brought within the time period set forth in subsection (a) of this section.

(d) Nothing in this section shall be construed as extending the period prescribed by the laws of this territory for the bringing of any action.

(e) The limitation prescribed by this section shall not be asserted as a defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement, at the time any deficiency in such improvement constitutes the proximate cause for which it is proposed to bring an action.

(f) This section shall not apply to actions based on willful misconduct or fraudulent concealment.

SOURCE: CCP § 349.2 added by P.L. 18-43:27 (09/08/86). Subsection
(a) amended by P.L. 24-90:4.