Negligence – Puerto Rico law

Where an appeal has been filed in a suit arising out of the deaths of two hotel guests in Puerto Rico, questions of law should be certified to the Puerto Rico Supreme Court concerning (1) whether an entity tasked with providing services in a limited area adjacent to a hotel can assume the responsibilities of an “innkeeper” for that area and (2) whether an entity contracted to run the operation of a hotel’s beach area owes a heightened duty of care to hotel guests based on the nature of its services.

“This case presents questions of first impression regarding the heightened duty of care that applies to certain entities under Puerto Rico law. The central point of contention is whether an entity contracted to run the operation of a hotel’s beach area owes a heightened duty of care to its guests.

“Appellants are the family members of two deceased hotel guests who drowned in the ocean waters fronting the property. They brought this suit against a number of entities including Iguana Sport Services, Corp., (‘Iguana’), which was contracted to provide beach and towel attendants for the hotel. According to Appellants, Iguana breached duties arising from its contractual obligations, a government permit, and the heightened standard of care established by Puerto Rico precedent, by failing to prevent the guests’ tragic deaths. Appellants appeal from the district court’s entry of summary judgment for Iguana based on the ground that Iguana had no duty to protect them. Because the outcome of this case turns on unresolved questions of Puerto Rico law regarding the applicability of the heightened duty of care, we certify the dispositive state law questions to the Puerto Rico Supreme Court. …

“Accordingly, we hereby certify the following questions to the Puerto Rico Supreme Court:

“1. Under Puerto Rico law, can an entity tasked with providing services in a limited area adjacent to a hotel assume the responsibilities of an ‘innkeeper’ for that area?

“2. Under Puerto Rico law, does an entity contracted to run the operation of a hotel’s beach area owe a heightened duty of care to hotel guests based on the nature of its services?”

Wilson et al. v. Iguana Sport Services, Corp. (Lawyers Weekly No. 01-155-26) (22 pages) (Gelpí, J.) Appealed from the U.S. District Court for the District of Puerto Rico (Docket No. 25-1064) (July 15, 2026).

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