Puerto Rico Answer and Defenses - Slip and Fall

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Multi-State
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US-PI-0178
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Word; 
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This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.

Puerto Rico is a beautiful Caribbean island and an unincorporated territory of the United States. It is located in the northeastern Caribbean Sea, east of the Dominican Republic. With a rich history, diverse culture, and stunning natural landscapes, Puerto Rico attracts millions of tourists each year. When it comes to slip and fall accidents in Puerto Rico, individuals may seek legal recourse under premises liability laws. A slip and fall accident occurs when a person slips, trips, or falls due to hazardous conditions on someone else's property. These accidents can lead to serious injuries, including broken bones, head trauma, and back injuries. In Puerto Rico, just like in other jurisdictions, there are different types of answers and defenses that can be relevant in slip and fall cases. It's important to note that each case is unique, and the circumstances of the accident will determine the type of answer and defense options available. Some common types include: 1. Comparative negligence: This defense argues that the injured party bears some or all responsibility for their injuries due to their own negligence. In Puerto Rico, the comparative negligence principle is applied, which means that if the injured party is found partially at fault, their compensation may be reduced accordingly. 2. Assumption of risk: This defense suggests that the injured party willingly assumed the risks associated with their activities, thus releasing the property owner from liability. For example, if a person ignores warning signs around a wet floor and subsequently slips and falls. 3. Lack of notice: This defense alleges that the property owner did not have knowledge of the hazardous condition and, therefore, could not have taken any remedial action to prevent the accident. The burden of proof lies with the property owner to demonstrate a lack of notice. 4. Open and obvious doctrine: This defense argues that the dangerous condition was open and obvious, meaning that a reasonable person would have noticed and avoided it. If the condition is deemed open and obvious, the property owner may not be held liable for any resulting injuries. It's essential for anyone involved in a slip and fall accident in Puerto Rico to consult with a qualified attorney who specializes in premises liability cases. They can evaluate the specific circumstances of the accident, determine the appropriate defenses, and guide the injured party through the legal process to seek fair compensation.

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FAQ

After completing a Juris Doctor Degree lawyers have to pass the Puerto Rico General Bar Exam in order to practice law. Lawyers that graduated from ABA accredited schools may also practice in Puerto Rico, but they must also take the bar exam.

What you can do is prepare a Power of Attorney authorizing a third party to represent you at the closing act and sign the public document for you. This Power of Attorney has to be "Protocolizado" in Puerto Rico and usually has a cost of $ 350.00 for said legal process.

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".

It is normal practice to authorise special powers of attorney abroad by signing a power of attorney document. If the document is being signed for use abroad, it must be notarised by a Notary Public in order to be accepted.

Puerto Rico will recognize POA from any state as long as the document was legal where it was signed.

The answer is Yes, a general or specific Power of Attorney (?POA?) executed in the United States can be enforceable in Puerto Rico too, if the following conditions are met: 1. The executed POA must comply with the law requirements and formalities of the state in which it was executed; 2.

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.

All states have a time limit on how long you have to file a personal injury claim. In states like Florida, the time limit, called the Statute of Limitations, is four years, while in Puerto Rico, the time limit is one year, and the clock starts ticking when the injury occurs.

More info

Dec 22, 2008 — Was solicited by firm to represent me. They said it qualified for Federal Court. I gave my Medial Records they filed case and did nothing. It's important to anticipate common defenses that may be argued in a slip and fall case so you can be prepared to protect your right to a fair recovery.We have 12 Puerto Rico Personal Injury Questions & Answers - Ask Lawyers for Free - Justia Ask a Lawyer. If you miss Puerto Rico's statutory deadlines for filing your personal injury claim, you lose the right to sue. Contact the James Law Offices immediately so we ... This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip ... The James Law Offices serves clients in San Juan and throughout Puerto Rico. Contact us. Please fill out the form below and one of our attorneys will contact ... Discover the various defense strategies that may be adopted by property owners who are facing slip and fall claims. Under Article 1802, a Puerto Rico accident attorney should plead on behalf of his injured client, and ultimately prove, four elements: 1) a duty requiring the ... In 97% of these cases, the complaint is not sealed. The Law of Sealing. “It is clear that the courts of this country recognize a general right to inspect and. Liebeck to be partly to blame for the incident, which reduced her award for monetary damages. What the case demonstrated is fast food restaurants can be held ...

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Puerto Rico Answer and Defenses - Slip and Fall