Tort Law in Mexico

Introduction

Mexican tort law (responsabilidad civil extracontractual) is governed by the Federal Civil Code (Código Civil Federal, CCF) and state civil codes, rooted in the civil law tradition’s distinction between contractual and extracontractual liability. The law addresses liability for harm caused by fault or negligence, strict liability for ultrahazardous activities, and moral damages (daño moral). The SCJN has developed a robust jurisprudence on damage quantification and liability standards.

Extracontractual Liability

Article 1910 of the Federal Civil Code establishes the general principle of extracontractual liability: a person who causes injury to another through unlawful acts or omissions, whether intentionally or negligently, is obligated to compensate the victim. The plaintiff must prove the existence of damage, the unlawful act or omission, and the causal link between the act and the damage. Liability may be joint and several in cases involving multiple tortfeasors.

Objective Liability

Article 1913 of the Federal Civil Code establishes strict (objective) liability for ultrahazardous activities, defined as those that create extraordinary risks to persons or property through the use of mechanisms, instruments, or substances. In such cases, the operator is liable for any damage caused, regardless of fault, unless the damage resulted from the victim’s fault or force majeure. This provision applies broadly to activities involving explosives, chemicals, heavy machinery, and transportation of hazardous materials.

Moral Damages

Moral damages (daño moral) compensate for non-pecuniary harm, including emotional distress, pain and suffering, loss of reputation, and infringement of personality rights. Article 1916 of the Federal Civil Code governs moral damages, which are assessed based on the nature of the injury, the degree of fault, and the circumstances of the case. The SCJN has established guidelines for quantifying moral damages, requiring courts to consider the victim’s circumstances and the tortfeasor’s economic capacity.

Defenses

Defenses to tort liability include: the victim’s contributory fault (culpa de la víctima), force majeure (caso fortuito o fuerza mayor), the act of a third party, and consent (consentimiento de la víctima). The Federal Civil Code recognizes the doctrine of assumption of risk in limited circumstances. Prescription periods for tort claims vary, with the general period being two years from the date of the injury.

Conclusion

Mexican tort law provides a comprehensive framework for compensating harm caused by fault-based and strict liability. The codified principles of extracontractual liability, objective liability for ultrahazardous activities, and moral damages ensure that victims have access to remedies, while defenses and prescription periods balance the interests of tortfeasors.