Slip and Fall Law Attorney in Puerto Rico
As a slip and fall attorney Puerto Rico, we provide legal representation to injured parties that have been hurt in someone else’s property.
In “Puerto Rico, just as in the common law jurisdictions, foreseeability is the touchstone of extracontractual liability.” Marshall v. Perez-Arzuaga, 828 F.2d 845, 847 (1st Cir.1987).
Article 1802, Puerto Rico’s general tort statute, provides for personal injury caused by a defendant’s negligent behavior: “[a] person who by 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.
Slip and Fall Law in Puerto Rico
Puerto Rico slip and fall law falls squarely under Article 1802 of the Civil Code. the owner of a commercial establishment open for purpose of transacting business for its own benefit, is bound to maintain it in such a safe condition that one who is induced to enter the premises will not suffer any damages. Failure of this duty of “care” can impose liability upon the owner of the establishment when, for example, existing dangerous conditions cause a person to slip and fall. Thus, establishments are required to take the necessary precautions and security measures to preserve the safety of their customers. In essence, the establishment is charged with the duty of care of “anticipating reasonably probable injuries to probable victims.” Irvine v. Murad Skin Research Laboratories Inc., 194 F.3d 313 (1st Cir.1999). This requires an obligation to anticipate and take measures against a danger that is reasonably foreseeable.” Woods-Leber v. Hyatt Hotels of Puerto Rico, Inc., 951 F.Supp. 1028 (D.P.R.1996).
Slip and Fall Attorney in Puerto Rico
As your slip and fall attorney Puerto Rico, we focus on getting the law right for our clients and get the best possible results. Ultimately, to prevail in a slip and fall claim under Puerto Rico personal injury law, a plaintiff must establish:
- evidence of physical or emotional personal injury,
- a negligent or intentional act or omission . . . , and
- a causal nexus (the proximate cause) between the personal injury and defendant’s act or omission.
The element of negligence in slip and fall law has two sub-components: duty and breach. Generally, duty requires a person to act as would a prudent and reasonable person under the circumstances. A defendant breaches that duty if he acts or fails to act “in a way that a reasonably prudent person would foresee as creating undue risk.
When a person claims that the injuries were sustained because of dangerous conditions on commercial property, the person must demonstrate that these conditions caused his/her personal injury and that the defendant had either actual or constructive knowledge of them; that the establishment failed to “exercise due diligence to avoid foreseeable risks. This requires proof that the injury was reasonably foreseeable and that it could have been avoided had defendant acted with care.
For questions on Puerto Rico slip and fall law or to contact a slip and fall attorney Puerto Rico dial 787-304-0455, use our direct contact or fill the following form:
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