2006 Code of Virginia § 8.01-249 - When cause of action shall be deemed to accrue in certain personal actions

8.01-249. When cause of action shall be deemed to accrue in certainpersonal actions.

The cause of action in the actions herein listed shall be deemed to accrue asfollows:

1. In actions for fraud or mistake, in actions for violations of the ConsumerProtection Act ( 59.1-196 et seq.) based upon any misrepresentation,deception, or fraud, and in actions for rescission of contract for undueinfluence, when such fraud, mistake, misrepresentation, deception, or undueinfluence is discovered or by the exercise of due diligence reasonably shouldhave been discovered;

2. In actions or other proceedings for money on deposit with a bank or anyperson or corporation doing a banking business, when a request in writing bemade therefor by check, order, or otherwise;

3. In actions for malicious prosecution or abuse of process, when therelevant criminal or civil action is terminated;

4. In actions for injury to the person resulting from exposure to asbestos orproducts containing asbestos, when a diagnosis of asbestosis, interstitialfibrosis, mesothelioma, or other disabling asbestos-related injury or diseaseis first communicated to the person or his agent by a physician. However, nosuch action may be brought more than two years after the death of such person;

5. In actions for contribution or for indemnification, when the contributeeor the indemnitee has paid or discharged the obligation. A third-party claimpermitted by subsection A of 8.01-281 and the Rules of Court may beasserted before such cause of action is deemed to accrue hereunder;

6. In actions for injury to the person, whatever the theory of recovery,resulting from sexual abuse occurring during the infancy or incapacity of theperson, upon removal of the disability of infancy or incapacity as providedin 8.01-229 or, if the fact of the injury and its causal connection to thesexual abuse is not then known, when the fact of the injury and its causalconnection to the sexual abuse is first communicated to the person by alicensed physician, psychologist, or clinical psychologist. As used in thissubdivision, "sexual abuse" means sexual abuse as defined in subdivision 6of 18.2-67.10 and acts constituting rape, sodomy, object sexual penetrationor sexual battery as defined in Article 7 ( 18.2-61 et seq.) of Chapter 4 ofTitle 18.2;

7. In products liability actions against parties other than health careproviders as defined in 8.01-581.1 for injury to the person resulting fromor arising as a result of the implantation of any prosthetic device forbreast augmentation or reconstruction, when the fact of the injury and itscausal connection to the implantation is first communicated to the person bya physician;

8. In actions on an open account, from the later of the last payment or lastcharge for goods or services rendered on the account.

(Code 1950, 8-13, 8-14; 1964, c. 219; 1966, c. 118; 1977, c. 617; 1985, c.459; 1986, c. 601; 1991, c. 674; 1992, c. 817; 1993, c. 523; 1995, c. 268;1997, cc. 565, 801; 2005, c. 213.)

Disclaimer: These codes may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.