P.R. Laws tit. 31, § 5142

2019-02-20
§ 5142. Liability for damages caused by minor, incapacitated person, employee, agent, pupil, or apprentice; liability of Commonwealth

The obligation imposed by § 5141 of this title is demandable, not only for personal acts and omissions, but also for those of the persons for whom they should be responsible.

The father, and, in the event of his death or incapacitation, the mother, is liable for the damage caused by the minor children living with them.

Guardians are liable for the damages caused by minors or incapacitated persons who are under their authority and live with them.

Owners or directors of an establishment or enterprise are likewise liable for any damages caused by their employees in the service of the branches in which the latter are employed or on account of their duties.

The Commonwealth is liable in this sense under the same circumstances and conditions as those under which a private citizen would be liable.

Finally, masters or directors of arts and trades are liable for the damages caused by their pupils or apprentices while they are under their custody.

The liability referred to in this section shall cease when the liable persons mentioned therein prove that they employed all the diligence of a good father of a family to preclude the damage.

History

—Civil Code, 1930, § 1803; May 12, 1943, No. 120, p. 372, § 1; June 29, 1955, No. 104, p. 550, § 10.