Vélez ex rel. Cuadrado v. García Commercial
Vélez ex rel. Cuadrado v. García Commercial
Opinion of the Court
delivered the opinion of the Court.
While Marcelino Cuadrado was performing duties of his job for his employer Rexach Construction Co. in the construction of a building, Antonio Vázquez Cruz negligently unloaded a bundle of steel rods from a truck in such a manner that an end of the bundle fell on top of Marcelino Cuadrado. As a result of that lesion it was necessary to amputate Cuadrado’s left leg at the middle third of the thigh. The State Insurance Fund granted to Cuadrado a compensation of $9,462 for the damages suffered. Vázquez Cruz is a public freight carrier and the truck from which he unloaded the rods was his own. Garcia Commercial, Inc., was in charge, through a subcontract with Rexach Construction, of the furnishing and installation of the steel reinforcements of the building. Vázquez Cruz carried the rods that were to be used in the construction from Garcia Commercial warehouses. Under the provisions of 11 L.P.R.A. § 32 the Fund’s Manager filed a complaint against Vázquez Cruz and his insurer, U.S. Casualty Co., and against Garcia Commercial and its insurer, The British America Assurance Co.
The first contention lacks merit. In accordance with Barrientos v. Gov. of the Capital, 97 P.R.R. 539 (1969), liability is imposed upon the principal for the negligence of the independent contractor when the “work is inherently or intrinsically dangerous” or when the work “in the natural course of events entails some risk, unless special precautions are taken.” Page 548. Even though the Barrientos case and the cases and authorities there mentioned are related to constructions, we believe that they would also apply to special transportation situations, as the transportation of dynamite would be. But we do not believe that they would be applicable to a case like the one at bar that only involves the unloading of a bundle of steel rods, even though it may be quite a heavy load. The risk involved is not different from the one involved in unloading any other load capable of injuring a human being. In both cases if a load falls on a person it may injure him. This is not the proper case to impose liability upon a loader for negligent acts of a carrier.
The general rule is that the liability is imposed on the one causing the damage. Section 1802, Civil Code, 31 L.P.R.A. § 5141. By exception liability is imposed on the employer for acts of his employees. Section 1803 of the same Code, 31 L.P.R.A. § 5142. But this exception does not include the acts of independent contractors, Padilla v. Municipality
The transportation contract in the case at bar is governed by the Commerce Code, which is applicable when the carrier “is customarily engaged in transporting goods for the public,” § 267 of the said Code, 10 L.P.R.A. § 1771(2). Pursuant to said body of laws “The carrier shall be liable for all the consequences of noncompliance on his part with the formalities prescribed by the laws and regulations of the public administration during the entire course of the trip and on the arrival at the point of destination. . . .” Section 295, Commerce Code, 10 L.P.R.A. § 1799. Reconciling the Civil Code provisions concerning the liability for negligence with the aforementioned provision of the Commerce Code concerning public carriers, we must conclude that only the carrier is liable for the damages which he may cause to third persons.
The second point raised by appellant concerns the determination as to whether, even though Garcia Commercial is not legally held liable for the negligence of the carrier of its goods, its insurer should answer for the accident since the same is covered by the terms of the insurance policy. Appellant’s position is that the so-called “omnibus clause” of an insurance contract may include independent contractors as additional insureds; that in the case at bar they are included; and that the carrier is an independent contractor.
Coverages “A” and “B” of the policy cover what relates to personal damages. Coverage “A” covers accidents resulting from the possession, maintenance, or use of motor vehicles. Coverage “B” covers accidents other than automobile accidents. Both coverages limit the insurer's liability to claims which the assured is legally bound to satisfy for damages. In discussing the first error we saw that Garcia Commercial is not legally liable for the damages caused by the carrier in this case.
The exclusion clause “d” has the effect of extending coverage “B” to operations of independent contractors and to the possession, maintenance, operation, use, loading, and unloading of motor vehicles, if the accident occurs out of the insured’s property limits. But we have seen that that coverage “B” does not cover accidents for which the insured is not
The judgment appealed from will be affirmed.
In the United States the rule is the same, but under different circumstances liability has also been imposed on the loader or on the consignee. In general see: Anno: Loading or Unloading Cars — Liability, 102 A.L.R. 514; Anno: Shipper — Liability—Improper Loading, 35 A.L.R.2d 609; Anno: Carrier Unloading Operations — Injury, 86 A.L.R.2d 1899; Anno: Automobiles — Objects Transported — Fall, 91 A.L.R.2d 897. In the case at bar the loader and the consignee happen to be one sole entity (Garcia Commercial) but we do not find any of the circumstances described in the cited annotations to justify the imposition of liability on it. The carrier was the only negligent party and only he should be responsible for the consequences of his acts.
Sánchez v. Soler, 87 P.R.R. 409, 414 (1963).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.