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Laws tit. 31, § 5141. 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.
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.
Our legal system defines negligence as ?the failure to exercise the care toward others which a reasonable or prudent person would do in the same or similar circumstances.?
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
This Act applies to all cases where damage is caused or contributed to by the act of a person notwithstanding that another person had the opportunity of avoiding the consequences of that act and negligently or carelessly failed to do so.
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.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Filing a Wrongful Death Lawsuit In Puerto Rico, the statute of limitations is one year, which means you have 12 months to file a claim, starting at the time of the wrongful death. But there are several elements that you will have to prove to have a successful case: 1 .