Aponte v. Melendez
In Aponte v. Melendez, 87 P.R.R. 619 (1963), a shopper at a food store slipped on a banana peel.
The shopper sued under 5141, but the trial Court rejected her claim because she failed to show that the store had constructive knowledge of the banana peel on the floor.
The Puerto Rico Supreme Court reversed, however, finding that the defense of a lack of constructive knowledge was not viable in 5141 cases.
Section 5141 provides that "[a] person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done. Concurrent imprudence of the party aggrieved does not exempt from liability, but entails a reduction of the indemnity." P.R.Laws Ann. tit. 31, 5141 (1991)