As a U.S. territory, Puerto Rico’s legal system is a unique blend of Spanish civil law and American common law traditions. This hybrid approach extends to the realm of torts, where plaintiffs seeking compensation for injuries or damages must navigate a complex web of statutes, precedents, and cultural considerations. In this comprehensive article, we’ll explore the key aspects of tort law in Puerto Rico, shedding light on the rights and responsibilities of both plaintiffs and defendants.

The Foundations of Tort Law in Puerto Rico

The foundation of tort law in Puerto Rico is rooted in the island’s civil code, which draws heavily from the Spanish legal tradition. Article 1802 of the Puerto Rico Civil Code serves as the primary statute governing tort liability, stating that “a person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done.”

This broad language establishes the basic elements of a tort claim in Puerto Rico: the existence of a duty, a breach of that duty, causation, and damages. However, the interpretation and application of these elements can vary significantly from the common law approach found in many U.S. states.

For instance, the concept of “fault or negligence” in Puerto Rico is often interpreted more broadly than the traditional common law standard of “reasonable care.” Additionally, the burden of proof in tort cases tends to be more evenly distributed between the plaintiff and the defendant, with the latter often required to demonstrate that they acted with due diligence to avoid the harm.

Intentional Torts in Puerto Rico

Intentional torts, such as assault, battery, and intentional infliction of emotional distress, are recognized in Puerto Rico’s legal system. These claims are typically governed by the same principles of fault and negligence outlined in Article 1802, with the key distinction being the defendant’s state of mind.

To succeed in an intentional tort claim, the plaintiff must demonstrate that the defendant acted with the specific intent to cause harm. This can be a challenging burden of proof, as the defendant’s subjective mental state is often a central point of contention.

One notable aspect of intentional torts in Puerto Rico is the concept of “moral damages,” which can be awarded in addition to compensatory damages. Moral damages are intended to compensate the plaintiff for the emotional and psychological harm caused by the defendant’s intentional actions, reflecting the island’s strong emphasis on personal dignity and the sanctity of the individual.

Negligence-Based Torts in Puerto Rico

The vast majority of tort claims in Puerto Rico are based on allegations of negligence, where the plaintiff must demonstrate that the defendant failed to exercise the level of care that a reasonable person would have used in the same or similar circumstances.

In these cases, the plaintiff must establish the following elements:

1. Duty of care: The defendant owed a legal duty to the plaintiff to exercise reasonable care.
2. Breach of duty: The defendant failed to meet the standard of care, thereby breaching their duty.
3. Causation: The defendant’s breach of duty was the proximate cause of the plaintiff’s injuries or damages.
4. Damages: The plaintiff suffered actual, quantifiable harm as a result of the defendant’s actions.

The standard of care in Puerto Rico is often described as the level of diligence that a “good father of a family” would exercise in similar circumstances. This standard, which is rooted in the island’s civil law tradition, can be more subjective and context-dependent than the “reasonable person” standard used in many U.S. states.

Additionally, Puerto Rico’s tort system places a strong emphasis on the concept of “comparative negligence,” which can significantly impact the plaintiff’s recovery. If the court determines that the plaintiff’s actions or omissions contributed to the harm, the plaintiff’s damages may be reduced proportionally to their degree of fault.

Strict Liability Torts in Puerto Rico

While negligence-based torts are the most common, Puerto Rico’s legal system also recognizes certain strict liability torts, where the defendant may be held liable regardless of their level of care or intent.

One notable example is the strict liability imposed on the owners of dangerous animals, such as wild beasts or vicious dogs. Under Puerto Rico law, the owner of such an animal is responsible for any harm caused by the animal, even if the owner took reasonable precautions to prevent the incident.

Another area of strict liability in Puerto Rico is product liability, where manufacturers, distributors, and retailers may be held accountable for defects in their products that cause injury or damage.

We specialize in commercial litigation, with a strong focus on construction law, real estate development, permits, and contract law. We can help you navigate the complicated process of contracts and torts in Puerto Rico. (This is a call to action for contacting the firm, including a form)

The content of this article has been prepared for information purposes only. It is not intended as, and does not constitute, either legal advice or solicitation of any prospective client. An attorney-client relationship with Weinstein-Bacal, Miller & Vega, P.S.C., cannot be formed by reading or responding to this article. Such a relationship may be formed only by express agreement with Weinstein-Bacal, Miller & Vega, P.S.C.