Responsibility for tort claims against Municipalities arising from accidents on State-owned roads.

On August 13, 2020, Puerto Rico’s legislature enacted Public Law 107-2020. This law repealed Public Law 81-1991 and integrated and organized different laws that impacted the autonomy of Municipalities and all processes concerning their governance, administration, public health, public safety, planification, and economic development. This was done due to the fact that Municipalities have contributed substantially to the fulfillment of governmental obligations and responsibilities, essentially becoming an extension of Puerto Rico’s statal government. On July 24, 2023, the Supreme Court of Puerto Rico held that Municipalities cannot be held responsible for tort claims arising from accidents occurring on State-owned roads, that run through the geographic demarcation of any given Municipality on Puerto Rico, under this Law. In its opinion, the Court weighed prior precedent in which it had found the Municipalities liable for these types of accidents. The Court weighed the Law Against the backdrop of the protection of the best interests of the Municipalities when an accident occurs on a State-owned sidewalk or road and ruled that they will not be liable. However, the Commonwealth of Puerto Rico government still remains liable under certain conditions that need to be established by the Claimant when the accident occurs on State-owned roads. Should you have any inquiries regarding this topic, call or write to any member of our team.