Arroyo v. Caldas
In Arroyo v. Caldas, 68 P.R.R. 639 (1948), plaintiff was injured when she slipped and fell through a skylight on the roof of an apartment building.
The defendants, lessors of the apartment, had been notified previously on several occasions of a defective condition in the skylight.
Plaintiff alleged that the lessors had been negligent in the performance of their obligations under the lease by failing to repair the skylight.
The Supreme Court, in agreeing with plaintiff, expressed the view that the general tort statute, Civil Code Article 1802, 31 L.P.R.A. Sec. 5141 (1968), applies when "no prior obligation was exists between the person causing the damage and the one receiving it." (Arroyo, supra, at 641-42.)