PUERTO RICO PERSONAL INJURY BASICS
JC LAW represents the injured in personal injury and accident actions that have occurred in Puerto Rico. Personal Injury actions under Puerto Rico law are governed under Article 1802 of the Civil Code of Puerto Rico, 31 Laws of Puerto Rico, 5141. Said disposition states 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". Under Article 1802, a Puerto Rico personal injury / accident attorney should plead on behalf of his injured client, and ultimately prove, four elements: 1) a duty requiring the defendant to conform to a certain standard of conduct; 2) a breach of that duty; 3) the proximate cause; and 4) damages.
Under Puerto Rico Law, a defendant breaches his duty of reasonable care when his actions create reasonably foreseeable risks. A plaintiff, then, must show the foreseeable risks created by defendant's acts or omissions in order to carry the burden in a torts claim. A defendant is negligent if he fails to exercise due diligence in order to prevent a foreseeable injury. The question of fact is: How would a prudent person have acted? Could a prudent person have reasonably anticipated the occurrence of the accident? A determination of negligence would ensue if the accident and consequent injuries could be foreseen or reasonably anticipated by a reasonable and prudent person.
Under Puerto Rico Law, once plaintiff demonstrates that the defendant breached its duty of care, plaintiff must then show that defendant's negligence was the proximate cause of his injuries. To establish proximate cause, a plaintiff must prove that the accident was foreseeable and could have been avoided if the defendant had not breached its duty of care. The scope of negligence under Article 1802 is very broad and the provisions of Article 1802 have been interpreted extensively. Nevertheless, the existence of an injury or damages alone is not grounds for liability under Article 1802. A defendant will be liable only for those reasonably foreseeable consequences associated with his acts or omissions.
If you have suffered an accident or personal injury, as a general rule, Puerto Rico has a one year statute of limitations that can be interrupted as provided by law. Personal injury actions of minors, have a different statute of limitations. If you have suffered an accident in Puerto Rico or if you have any further questions on Puerto Rico's Personal Injury Statutes, and would like to contact a Puerto Rico personal injury / accident attorney, feel free to contact JC LAW.