A recent ruling by the Court of Appeals of Puerto Rico has clarified the legal rights of minors in injury cases. The court's decision addresses the requirements for notifying the state about potential claims, particularly when the injured party is a minor. This ruling affects how future cases involving minors will be handled in Puerto Rico.
The case involved Laura Margarita Vélez Vélez and Juan Carlos Méndez Torres, who filed a lawsuit on behalf of their minor daughter, Viviana Méndez Vélez, against various parties including the State of Puerto Rico and St. John’s School. The lawsuit stemmed from an incident that occurred on October 22, 2024, when Viviana suffered a serious injury after stepping into a broken sewer grate while performing community service as part of her school requirements.
The parents alleged that the injury was due to the negligence of the State and the school, claiming that the broken grate posed a safety hazard. They sought $250,000 for their daughter and $50,000 each for themselves. However, the State argued that the parents failed to notify them of the claim within the required 90 days, as mandated by the Law of Claims and Lawsuits against the State.
The case reached the Court of Appeals after the lower court dismissed the parents' claims, stating that they did not meet the notification requirements. The parents contended that the lower court had erred in its ruling, particularly regarding the timing of when they became aware of the extent of their daughter's injuries.
On June 30, 2026, the Court of Appeals, led by Judge Adames Soto, issued a combined opinion modifying the lower court's ruling. The court agreed that the parents had indeed failed to notify the State in a timely manner. However, it also ruled that the statute of limitations does not apply to minors until they reach the age of majority. The court stated, "the term for notifying the ELA does not run against the minor until she reaches the age of majority."
This ruling means that while the parents' claims were dismissed due to late notification, Viviana's claim remains valid. The court confirmed the dismissal of the parents' claim but reversed the dismissal regarding Viviana's claim, allowing her to pursue her case against the State.
The impact of this ruling is significant for future cases involving minors in Puerto Rico. It establishes that the rights of minors to pursue claims for damages are protected, even if their parents fail to meet notification requirements. This decision reinforces the principle that the statute of limitations does not apply to minors until they reach adulthood, ensuring that they have the opportunity to seek justice for injuries sustained during their childhood.
Moving forward, this ruling will affect how similar cases are handled, particularly in terms of notification requirements and the rights of minors. It emphasizes the importance of understanding the legal protections available to minors and the responsibilities of parents or guardians in pursuing claims on their behalf.
As for the next steps, it is unclear whether the State will appeal this decision. However, the ruling sets a precedent for future cases involving minors and their rights in injury claims. The court's opinion highlights the ongoing need for clarity in the legal processes surrounding claims against the State, particularly in cases involving vulnerable populations like children.