PUERTO RICO Law and Practice Contributed by: Mónica Ramos-Benítez and Roberto A. Cámara-Fuertes, Ferraiuoli LLC
• warning about potential risks in the use of the product, whether latent or hidden; • warning about harmful consequences of using the product incorrectly; and • providing instructions on how to avoid injuries. In Rodríguez Méndez , a medical malpractice and product liability suit was brought against a doctor and the distributor of the equipment used to perform the surgery. The PR Supreme Court dismissed the claim against the distributor given the plaintiff’s failure to prove a defect and causation, but emphasised that the distributor could have been held strictly liable if the doctor’s failure to maintain the equipment was a result of insufficient or inadequate warnings and instructions for proper care and maintenance of the product. Breach of Warranty In Puerto Rico, tort-based breach of warranty claims for personal injuries or property damage other than to the product itself are tantamount to strict product liability. However, when framed as a contract claim, a breach of warranty claim can be brought pursuant to Article 1261 of the Civil Code of 2020, PR Stat. Ann., Tit. 31 §9851, which provides that persons who trans - fer goods for valuable consideration are liable for hid - den defects even if unaware of them. In these cases, Article 1263 of the Civil Code of 2020, PR Stat. Ann., Tit. 31 §9853, provides the plaintiff with the option to claim the correction or repair of the good, the delivery of an equivalent good, or to totally or partially rescind the contract. The plaintiff would have the right to com - pensation for damages only if the defendant acted with dolo (deceit). 2.2 Standing to Bring Product Liability Claims Once the presence of a defect is established, the resulting damages suffered may be claimed by any person who could foreseeably be at risk from using the product, without the need for contractual privity with the manufacturer. See Rodríguez Méndez v Laser Eye , 195 DPR 769, 783 (2016). 2.3 Time Limits for Product Liability Claims Negligence and strict product liability claims must be brought within a one-year statute of limitations peri - od. Puerto Rico applies the “ teoría cognoscitiva del daño ” (knowledge-of-injury theory), meaning that the
statute of limitations begins to run when the plaintiff knew or should have known of the existence of the damage, who caused it and the necessary elements to effectively exercise the cause of action. However, once the plaintiff has been put on notice of facts that create a reasonable basis for a potential claim, they must employ the due diligence that is expected of a reasonable lay person to seek answers and promptly assert their rights. Contractual-based breach of warranty claims for hidden defects are subject to a six-month statute of limitations period, counted from the delivery of the transferred goods or from the last act of communica - tion between the parties. 2.4 Jurisdictional Requirements for Product Liability Claims Product liability actions can be brought either in the Superior Courts of the Commonwealth of Puerto Rico (“ Tribunal de Primera Instancia ”) or in the federal US District Court for the District of Puerto Rico. The Superior Courts of Puerto Rico have general jurisdiction over any case or controversy that arises within the territorial limits of the Commonwealth of Puerto Rico. Personal jurisdiction exists over domi - ciled persons or entities and non-domiciled persons or entities who have any contact that makes assert - ing jurisdiction compatible with the applicable con - stitutional provisions. For non-domiciled persons or entities, personal jurisdiction may be asserted when there is an express or tacit submission to the jurisdic - tion, or when the non-domiciled party has or has had sufficient minimum contacts with Puerto Rico and the claim asserted arises from or is related to such mini - mum contacts. The federal US District Court for the District of Puerto Rico only has jurisdiction over cases arising under the US Constitution, federal laws or treatises (known as “federal question” jurisdiction; see 28 U.S.C. §1331) or over cases where each plaintiff is a citizen of a dif - ferent state or foreign country than each defendant and the amount in controversy exceeds USD75,000 (also known as “diversity jurisdiction”; see 28 U.S.C. §1332).
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