PUERTO RICO Law and Practice Contributed by: Mónica Ramos-Benítez and Roberto A. Cámara-Fuertes, Ferraiuoli LLC
Note that Article 60 of the Civil Code of 2020, PR Stat. Ann., Tit. 31 §5427, adopts a conflict of laws provi - sion for product liability, providing that the person who suffers damages as a result of a product may elect between the remedy provided by the laws of Puerto Rico or by the laws of the state in which the product was designed, manufactured or acquired. However, the foregoing provision will not apply to the manu - facturer, designer or seller of the product who could not have foreseen the presence or availability of the product that caused the damage – or of any other product of the same type – in Puerto Rico through ordinary commercial channels. 2.5 Pre-Action Procedures and Requirements for Product Liability Claims There are no mandatory, generally applicable pre-suit notice requirements or protocols specific to product liability claims in Puerto Rico. However, contractual 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 communication between the par - ties, thus requiring prior notice. 2.6 Rules for Preservation of Evidence in Product Liability Claims The obligation to preserve all relevant evidence arises as soon as the person is on notice of a possible claim against them. See PR Rule 23.1 (d) of Civil Procedure. The obligation also exists if there is a legal or ethical duty to preserve such evidence, if the person volun - tarily assumed the obligation, or if it arises from the particular circumstances of the case. Id. Any party to an action has the obligation to preserve evidence that could be discoverable, even if it has not been requested in discovery. Id. Failure to comply with these obligations is subject to economic or any other type of sanction that the court in its discretion deems fit, including contempt of court. See PR Rule 23.1 of Civil Procedure. 2.7 Rules for Disclosure of Documents in Product Liability Cases Puerto Rico’s Rule 23.1 (a) of Civil Procedure defines the scope of discovery as “any matter, not privileged, that is relevant to the matter in controversy in the pending litigation, whether it relates to the claim or
defense of any other party, including the existence, description, nature, custody, condition and location of any books, electronically stored information, docu - ments or other tangible objects and the identity and address of persons who know relevant facts”. As long as there is reasonable probability that the informa - tion sought will lead to the discovery of admissible evidence, a party may not object to discovery on the grounds that the requested information is inadmis - sible at trial. Id. Documents and objects that, prior to the lawsuit or for the trial, have been prepared by or for another party, or by or for the representative of said party, including its attorney, consultant, guaran - tor, insurer or agent, are all discoverable. However, mental impressions, conclusions, opinions or legal theories about the case of the attorney or any other representative of a party, will be outside the scope of discovery. Id. PR Rule 31 of Civil Procedure governs the process for the production of non-privileged documents, elec - tronically stored information, books, accounts, letters, photographs, objects or tangible things, that consti - tute or contain evidence related to any of the matters that are within the scope of discovery and that are in or under the producing party’s possession, custody or control. Third parties can be subpoenaed to pro - duce documents and/or testify at a deposition or trial in accordance with the procedures established in PR Rule 40 of Civil Procedure. 2.8 Rules for Expert Evidence in Product Liability Cases Expert evidence and its admissibility are governed by Puerto Rico’s Rules of Evidence 702 through 707. Pursuant to Rule 703, any person is qualified to tes - tify as an expert if they possess sufficient specialised knowledge, skill, experience, training or instruction to qualify them as an expert on the matter on which they will testify. Accordingly, Rule 702 provides that when scientific, technical or specialised knowledge is help - ful for the judge to understand the evidence or deter - mine a fact in controversy, a witness who is qualified as an expert may testify in the form of an opinion or otherwise, and the probative value of the testimony will depend, among others, on:
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