Personal Injury and Accident Actions Under Puerto Rico Law
At RGF LAW FIRM, we exclusively represent injured parties (plaintiffs) in personal injury and accident cases occurring in Puerto Rico. Guided by Article 1802 of the Civil Code of Puerto Rico (31 L.P.R.A. § 5141), we are dedicated to ensuring our clients receive the justice and compensation they deserve.
Key Elements of Personal Injury Actions
Under Article 1802, personal injury claims must establish the following four elements:
- Duty of Care: The defendant was obligated to adhere to a certain standard of conduct.
- Breach of Duty: The defendant’s actions or omissions failed to meet this standard.
- Proximate Cause: The defendant’s negligence directly resulted in the injury.
- Damages: Tangible harm or injury occurred as a result of the breach.
Understanding Negligence in Puerto Rico
Puerto Rico law determines negligence based on whether a reasonable and prudent person could have foreseen or prevented the injury. A breach of duty occurs when the defendant's actions create foreseeable risks of harm. To establish liability, it must be demonstrated that the defendant failed to exercise due diligence to mitigate these risks.
Proximate Cause and Foreseeability
To prove proximate cause, the plaintiff must show that the defendant’s negligence directly caused the injury and that the harm was foreseeable and avoidable with reasonable care. However, merely proving the existence of an injury is not sufficient. Liability arises only when the injury is a reasonably foreseeable consequence of the defendant’s actions or omissions.
Statute of Limitations
In Puerto Rico, personal injury claims are generally subject to a one-year statute of limitations, which can be interrupted under specific circumstances. Cases involving minors may have different time limitations.
