31 P.R. Laws Ann. § 5141

Section 5141 broadly imposes tort liability for damage caused through fault or negligence, but a relative’s tort claim arising from employment discrimination is contingent on the victim’s underlying discrimination claim.

Berrios v. Squibb · filed 1999-04-26

The Supreme Court, however, recognized the broad scope of Article 1802, which 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.” P.R.Laws Ann. tit. 31, § 5141. Notwithstanding this broad scope, the Court finds that the Supreme Court was clear in mentioning that the relatives’ cause of action in tort derives from or is contingent upon the victim’s cause of action.

Section 5141 imposes liability for damage caused by a negligent act or omission only when the defendant owed a legal duty to act.

Muniz v. National Can Corporation · filed 1984-06-26

Puerto Rican law provides 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.” P.R.Laws Ann. tit. 31, § 5141 (1968). ... Failure to perform an act gives rise to a cause of action only when there is a legal duty to act. ... We must determine whether in the circumstances of this case NCC had a legal duty to provide the plaintiff with safe working conditions at the NCPR plant. ... A parent corporation may be liable for unsafe conditions at a subsidiary only if it assumes a duty to act by affirmatively undertaking to provide a safe working environment at the subsidiary.

Section 5141 permits a tortious-interference action involving a third party’s interference with a contract, including an exclusive distributorship, when there is a contract, tortious fault with knowledge of its existence, damage, and causation; no additional “principles of fair play” notice requirement applies.

General Office Products Corp. v. A.M. Capen's Sons, Inc. · filed 1986-01-06

Our reading of that opinion leads us to conclude, differently from the district court, that there are no additional requirements under Puerto Rican law other than the four elements specifically enumerated by the Supreme Court of Puerto Rico to which we make reference above. We are compelled to hold.that the district court’s “principles of fair play” requirement is not in accord with Puerto Rico law. We hold that the interrogatories and answers have raised a genuine issue of material fact that must be determined by a trial on the merits.

Section 5141 requires a plaintiff in a business-invitee slip-and-fall case to prove the defendant's negligence, including actual or constructive knowledge of a dangerous condition.

Isabelita Mas v. United States of America · filed 1993-03-09

Section 5141 requires, as an element, an affirmative showing by the plaintiff that the defendant was negligent. This showing, in turn, requires a demonstration that the defendant has either actual or constructive knowledge of a dangerous condition.

Section 5141 provides a general negligence cause of action broad enough to include malicious prosecution claims.

Bonilla v. Trebol Motors Corp. · filed 1995-12-19

Article 1802 of the Puerto Rico Civil Code provides 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.” P.R.Laws Ann. tit. 31, § 5141. This section does not specify the variety of torts which exist in Puerto Rico civil law, such as medical malpractice, negligent protection of premises, defamation, and negligent infliction of emotional distress. Nonetheless, these causes of action exist, and lie in tort. Therefore, the tort of malicious prosecution comes within the penumbra of the general provision for negligence in civil law.

Section 5141 permits a malicious prosecution claim based on a criminal complaint filed in bad faith without reasonable grounds.

Dominguez v. Sancha · filed 2014-09-30

Even though the “mere fact of reporting the commission of an offense to the authorities is not sufficient to impose liability,” ... it’s no less true that “capricious information filed in bad faith and without reasonable grounds would serve as ground for an action of malicious prosécution.” ... Plaintiffs accuse Ms. Ti-rado of filing a criminal complaint against them in bad faith. At this stage in the proceedings, the plaintiffs have plead enough to survive dismissal.

Section 5141 makes a physician liable in damages for performing a medical procedure without the patient’s consent, and causation of harmful bodily damage is not required for that cause of action.

Hodge v. UMC of Puerto Rico, Inc. · filed 1996-08-08

Before a physician can invade a patient’s body with drugs and/or medical procedures, the physician must first obtain the consent of the patient. Without the patient’s consent, a physician is liable for the damages to the patient’s body under § 1802 of the Puerto Rico Civil Code. P.R.Laws Ann. tit. 31, § 5141 (1991). Performing medical procedures on a patient in the absence of any consent, as distinguished from the absence of informed consent, is analogous to an assault on the human body. Even if the physician does not cause any harmful damage to the patient’s body, the physician is still hable to the patient for damages. Causation is not an element of this cause of action.

Article 1802 generally allows tort claims to survive the injured person’s death, except claims involving highly personal rights that require the person’s continued existence.

Rivera v. Medina · filed 1997-04-29

However, the Supreme Court of Puerto Rico has ruled that survivorship is generally encompassed within Article 1802 of the Civil Code, Puerto Rico’s general tort provision. ... Only highly personal rights that require the natural existence of the person to continue the action do not survive.

Section 5141 cannot support an emotional distress claim based on the same benefit denial as an ERISA claim because ERISA preempts it.

Rios-Coriano v. Hartford Life & Accident Insurance · filed 2009-08-05

The Court, however, finds that Rios’s article 1802 claim is preempted by ERISA.