Individual States 

VIRGIN ISLANDS

ASSUMPTION OF RISK

Assumption of risk is part of comparative fault and is no longer a bar, except where claimant's non-negligent conduct constitutes a waiver or consent. Smollett v. Skayting Dev. Corp., 793 F.2d 547 (3rd Cir. 1986) .

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COLLATERAL SOURCE RULE

The collateral source rule is abolished for personal injury, wrongful death and property damage actions. Any party may introduce evidence of another party's collateral sources. V.I. Code Ann. tit. 5, §427 .

COMPARATIVE FAULT

Modified comparative fault applies in any personal injury or property damage action based on negligence. Claimant's contributory negligence is not a bar to recovery unless it is greater than the combined fault of the defendants against whom recovery is sought. Damages are proportionately diminished, and the burden of proving claimant's comparative fault is on the defendants. Comparative fault does not reduce recovery where a statute imposes absolute liability. V.I. Code Ann. tit. 5, §1451 .

ECONOMIC LOSS

There are no exclusive Products Liability statutes or doctrines under this category.

JOINT & SEVERAL LIABILITY

The jury shall apportion the damages against each defendant, and defendants are held jointly and severally liable with a right to contribution. An exception is made for motor vehicle accidents where a defendant is always severally liable unless his personal fault is greater than 50 percent, in which case he is held jointly and severally liable. V.I. Code Ann. tit. 5, §1451 (d).

RIGHT TO CONTRIBUTION

A right to contribution exists between joint tortfeasors as to any amount paid in excess of a defendant's comparative share of the judgment. V.I. Code Ann. tit. 5, §1451 (d).

SPECIAL DEFENSES

Evidence of subsequent remedial measures is not admissible to prove negligence or culpable conduct in connection with the event. V.I. Code Ann. tit. 5, §891 .

Compromise or offer to compromise is not admissible to prove liability for the sustained loss or damage or any part of it. V.I. Code Ann. tit. 5, §892 .

Settlement or offer to settle is inadmissible to prove the invalidity of the claim or any part of it. V.I. Code Ann. tit. 5, §893 .

Evidence of liability insurance is not admissible to prove negligence or other wrongdoing. V.I. Code Ann. tit. 5, §894

STATUTES OF LIMITATION

Products liability actions sound in tort and are governed by two-year statute of limitations. White v. S & E Bakery, Inc., Terr. Ct. St. T. and St. J., 26 V.I. 87 (1991) .

Personal injury actions, including those based on strict liability, shall be brought within two years. V.I. Code Ann. tit. 5, §31 .

Actions based on property damage, and express or implied contracts shall be brought within six years. However, if the contract is a "sealed instrument" it has a twenty year statute of limitation. V.I. Code Ann. tit. 5, §31 .

There is no statute of limitation for wrongful death. Cintron v. Bermudez, 6 V.I. 692 (D.C. V.I. 1968) .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in the Virgin Islands.

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.