P.R. Laws tit. 21, § 4705

2019-02-20
§ 4705. Action against a municipality—Unauthorized damages actions

Claims against a municipality for personal or property damages caused by acts or omissions of an official, agent or employee of any municipal government shall not be authorized:

(a) In compliance with a law, regulation or ordinance, even when they are null.

(b) In exercising discretional functions, even when there is an abuse of discretion.

(c) In the imposition or collection of taxes.

(d) For assault, aggression or other crimes against the person, malicious persecution, calumny, libel, defamation, and false pretenses and imposture.

(e) If they occurred outside the territorial jurisdiction of the Commonwealth of Puerto Rico.

(f) In the performance of combat operations by naval or military forces in case of war, invasion, insurrection or other emergency duly declared as such by the pertinent authorities.

Judgment entered against any municipality in accordance with § 4703 of this title shall in no case include payment of interest for any period prior to the judgment, nor shall it award punitive damages or impose attorney’s fees. The imposition of costs shall be governed by regular procedures.

History —Aug. 30, 1991, No. 81, § 15.005; Sept. 7, 2004, No. 258, § 38.