Puerto Rico Complaint Property Damage
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FAQ
Can you sue under a state tort claims act? Yes. Puerto Rico law allows suits against the State and municipalities in certain instances of negligence.
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".
When people are injured by others, they can seek what the law refers to as ?damages,? in the form of money, for such things as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some cases, to punish the abuser.
As Puerto Rico is under United States sovereignty, U.S. federal law applies in the territory, and cases of a federal nature are heard in the United States District Court for the District of Puerto Rico.
Adverse possession: Articles 786 and 788 reduced the period of time necessary to acquire personal and real property through adverse possession. The acquisition of personal property through adverse possession now requires at least 2 years of possession in good faith or at least 4 years of possession without good faith.
Pursuant to Article 1538 of the New Code, punitive damages cannot exceed the amount of compensatory damages awarded and may only be imposed by the court when the act or omission causing the damage was deceitful (doloso) or with wanton disregard for the life, safety and property of another person.
When Puerto Rico became a US territory, it incorporated the common law system. This created a mixed legal system in which common law and civil law are blended. This system is what prevails today. Civil law is applied for family law, divorce, child custody, real property law, and contractual law, among others.
