Limitation of Civil Liability actions to claim damages where the life or integrity of individuals have been affected - DAC Beachcroft

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Limitation of Civil Liability actions to claim damages where the life or integrity of individuals have been affected

Published 18 March 2021

Mexican civil law provides for a period of two years to demand full redress for damages caused as a result of civil liability a result of an unlawful act or strict civil liability, counted from when the damage was caused. This time lapse is an exception to the general rule of ten years; regardless of whether  it is a property damage or an affection to the life and health of individuals.

The term of two years has been questioned to demand redress for the damage in the case of Civil Liability, when there is an impact on the life or integrity of individuals, including moral damage.

The Mexican Supreme Court established that due to the nature of the injured human right, persons who resent the damage may be placed at different levels: (i) One where the claimed damages are purely property in nature, for which the period for the limitation period to operate shall be two years; and (ii) when damage is projected on people's lives and integrity, the generic rule that is ten years will apply.

Based on the foregoing, we are seeing in Mexico large  judicial claims more frequently and, even if the damage has been caused more than two years ago, the person affected must be compensated.

Key Contacts

Miguel Angel de la Fuente

Miguel Angel de la Fuente

Mexico City

Salvador Enrique Urbano Tejeda

Salvador Enrique Urbano Tejeda

Mexico City

+52 (55) 1107 6056

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