Professional Documents
Culture Documents
Other Provisions for Quasi-delicts 8. Art. 2190- Liability of proprietor of building or structure for
1. Art. 2181 damages caused by fall or collapse of the same if due to lack
Art. 2181. Whoever pays for the damage caused by his of necessary repairs
dependents or employees may recover from the latter what he has Art. 2190. The proprietor of a building or structure is responsible
paid or delivered in satisfaction of the claim. for the damages resulting from its total or partial collapse, if it
should be due to the lack of necessary repairs.
2. Art. 2182 Building or structure needs necessary repairs
Art. 2182. If the minor or insane person causing damage has no Propreitor failed to do such
parents or guardian, the minor or insane person shall be There is partial or total collapse due to failure to do
answerable with his own property in an action against him where necessary repairs
a guardian ad litem shall be appointed.
9. Art. 2191- Other liability of Proprietors for damages
3. Art. 2183- Liability of Possessors or Users of Animals Art. 2191. Proprietors shall also be responsible for damages
Art. 2183. The possessor of an animal or whoever may make use caused:
of the same is responsible for the damage which it may cause, (1) By the explosion of machinery which has not been taken care
although it may escape or be lost. This responsibility shall cease of with due diligence, and the inflammation of explosive
only in case the damage should come from force majeure or from substances which have not been kept in a safe and adequate
the fault of the person who has suffered damage. place;
(2) By excessive smoke, which may be harmful to persons or
4. Art. 2184, 2185 and 2186- Liability of Owners of Motor property;
Vehicles (2184 is different from drivers subsidiary liability) (3) By the falling of trees situated at or near highways or lanes, if
Art. 2184. In motor vehicle mishaps, the owner is solidarily liable not caused by force majeure;
with his driver, if the former, who was in the vehicle, could have, (4) By emanations from tubes, canals, sewers or deposits of
by the use of the due diligence, prevented the misfortune. It is infectious matter, constructed without precautions suitable to the
disputably presumed that a driver was negligent, if he had been place.
found guilty or reckless driving or violating traffic regulations at
least twice within the next preceding two months. 10. Art. 2192- Damages referred to under 2190 and 2191 are as a
If the owner was not in the motor vehicle, the provisions of result of construction defect mentioned in 1723, where third
Article 2180 are applicable. (n) person may proceed against the architect or engineer or
contractor under period prescribed under 1723
Art. 2185. Unless there is proof to the contrary, it is presumed Art. 2192. If damage referred to in the two preceding articles
that a person driving a motor vehicle has been negligent if at the should be the result of any defect in the construction mentioned
time of the mishap, he was violating any traffic regulation. (n) in Article 1723, the third person suffering damages may proceed
only against the engineer or architect or contractor in accordance
Art. 2186. Every owner of a motor vehicle shall file with the with said article, within the period therein fixed.
proper government office a bond executed by a government-
controlled corporation or office, to answer for damages to third 11. Art. 2193- Liability of head of family living in a building for
persons. The amount of the bond and other terms shall be fixed damages caused by things thrown or falling from the same.
by the competent public official. (n) Art. 2193. The head of a family that lives in a building or a part
thereof, is responsible for damages caused by things thrown or
5. Art. 2187- Liability of Manufacturers and Processors falling from the same.
Art. 2187. Manufacturers and processors of foodstuffs, drinks,
toilet articles and similar goods shall be liable for death or 12. Art. 2194- Responsibility of 2 or more persons for quasi-
injuries caused by any noxious or harmful substances used, delict is solidary.
although no contractual relation exists between them and the Art. 2194. The responsibility of two or more persons who are
consumers liable for quasi-delict is solidary.