Individual States 

PUERTO RICO

ASSUMPTION OF RISK

Primary assumption of risk, bars a plaintiff from recovery. Vinas v. Pueblo Supermarket of P.R. Inc., 86 D.P.R. 33 (1962) .

Secondary assumption of risk is an aspect of comparative negligence. Soto v. Tropigas de P.R., 117 D.P.R. 863 (1986) .

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COLLATERAL SOURCE RULE

Collateral sources may be admitted into evidence, and recovery may be reduced. However, this rule is applied on a case-by-case basis depending on the circumstances. Futurama Import Corp. v. Trans Caribbean, 104 D.P.R. 609 (1976) .

COMPARATIVE FAULT

Pure comparative fault is applied. Claimant's negligence reduces recovery, but is not a bar. P.R. Laws Ann. tit. 31, §5141 .

ECONOMIC LOSS

Economic loss does not bar recovery in strict liability when accompanied by physical harm to personal property. In Re Dupont-Benlate Litig., 877 F.Supp. 779 (D. P.R. 1995) (applying Puerto Rico law).

JOINT & SEVERAL LIABILITY

Joint and several liability applies where damages result from the combined negligence of several persons, and claimant may bring an action against one or all of them. Rivera v. Great Am. Indem. Co., 73 D.P.R. 232 (1952) .

PUNITIVE DAMAGES

Punitive damages are not allowed. Cooperative de Seguros Multiples de P.R. v. San Juan, 289 F. Supp. 858 (1968) .

RIGHT OF CONTRIBUTION

Puerto Rico recognizes the right of contribution among tortfeasors. Corning Glass Works v. Puerto Rico Water Resources Auth., 396 F.2d 421 (1968) .

SPECIAL DEFENSES

Evidence of subsequent remedial measures is not admissible to prove negligence or culpable conduct. Compromise and offers to compromise are not admissible to prove liability for, or invalidity of, a claim or part of a claim. Payment or offer to pay medical or similar expenses is not admissible to prove liability for the injury. P.R. Laws Ann. tit. 32, App. IV R. 22 .

STATUTES OF LIMITATION

Actions to demand civil liability for obligations arising from fault or negligence, including personal injury, property damage and wrongful death, must be brought within one year from the time the aggrieved person had knowledge thereof. P.R. Laws Ann. tit. 31, §§5141 and 5298(2) .

Actions arising from breach of warranty shall be extinguished after six months, counted from the delivery of the thing sold. P.R. Laws Ann. tit. 31, §3847 .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in Puerto Rico.

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.