PREMISES LIABILITY a/k/a COMMERCIAL ESTABLISHMENT LIABILITY

When it comes to business establishments, the general rule is that although a business owner is not the absolute insurer of the safety of its clients, “the business owner has a duty to keep said establishment in a safe condition so that the clients do not suffer harm or damage...” However, under Puerto Rico Law, liability is only imposed in situations that involve risky conditions inside the business premises that the owner knew or should have known existed. In short, a plaintiff must prove that the business owner had actual or foreseeable knowledge of the dangerous condition that was present and most likely caused the accident.

Puerto Rico law defines negligence as the failure to exercise due diligence to avoid foreseeable risks. The First Circuit of the United States District Court has reasoned that in Puerto Rico “... foreseeability is the touchstone of extra-contractual (torts) liability. Foreseeable events are those that may be calculated by prudent conduct alert to the eventualities that may be expected in the natural course of life."

If you have suffered an accident in Puerto Rico, as a general rule the injured 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 accident attorney, feel free to contact JC LAW.