Civil Liability in Costa Rica and Damages.
Civil liability in Costa Rica refers to the legal obligation to repair or compensate the harm caused to another person. When this obligation arises without any previous contractual relationship, it is known as extracontractual liability—a concept comparable to tort law in common-law jurisdictions. Rooted in Articles 1045 to 1048 of the Costa Rican Civil Code, this branch of law enforces the universal duty of neminem laedere—the duty not to harm others. Whether a case involves negligence, recklessness, or intentional misconduct, the person or entity that caused the damage must restore the victim, both materially and morally.
What is Extracontractual Civil Liability?
Extracontractual civil liability, also known as tort law in Costa Rica, arises when harm is caused outside of a contractual relationship. It is based on the universal duty neminem laedere—the duty not to cause harm to others—and is codified in Article 1045 of the Costa Rican Civil Code, which provides that anyone who, by intent (dolo), negligence, or imprudence, causes damage to another must repair it.
In this sense, civil liability does not depend on the existence of a contract, but on a wrongful act or omission that violates another person’s legally protected interests. Whether the harm is material, physical, or moral, the law imposes the obligation to restore the injured party to their previous condition.
Costa Rican courts have consistently interpreted extracontractual liability as a fundamental guarantee of justice and fairness—ensuring that victims receive full compensation for damages resulting from fault or unlawful conduct.
Intentional torts (Responsabilidad civil por dolo):
Intentional torts under Costa Rican civil law occur when a person knowingly and willingly performs an unlawful act that causes harm to another. In legal terms, this conduct is known as dolo, which involves both knowledge and will to commit the wrongful act. It is more than simple negligence—it is deliberate wrongdoing that violates the principle of neminem laedere (“do not harm others”).
Article 1045 of the Costa Rican Civil Code establishes that anyone who, through dolo or malice (dolus malus), causes damage to another person, must compensate both the harm and the resulting losses. Acts of intentional wrongdoing include assault, defamation, fraud, or deliberate property damage. For instance, if a person intentionally hits someone with a car, beyond facing criminal charges, they are also civilly liable for damages and moral harm.
Intentional liability aims not to punish but to repair. The law requires full restitution of the victim’s position, covering both economic loss and emotional suffering. Costa Rican courts have reaffirmed that intentional civil wrongdoing affects not only the injured party but also the social order, and therefore demands complete reparation consistent with justice and equity.
Fault torts:
Fault torts under Costa Rican civil law refer to unlawful acts committed without intent, but with negligence, imprudence, or lack of skill. This is known in doctrine as culpa. It represents the failure to act with the diligence that a prudent and reasonable person would exercise under similar circumstances. In other words, the person did not intend to cause harm, but acted carelessly or recklessly. This in turn, creating a foreseeable risk that resulted in damage.
According to the traditional interpretation of Article 1045 of the Civil Code, culpa operates as the element of imputation. It must link the author of the act with the resulting damage. The victim must prove that the defendant’s negligent conduct directly caused the injury. Costa Rican courts and doctrine identify three main types of fault:
1. Negligence (negligencia): Failure to take necessary precautions or to maintain a reasonable standard of care. Example: a driver fails to inspect brakes or tires and causes an accident.
2. Imprudence (imprudencia): Acting without due caution, disregarding an evident risk. Example: driving under the influence or speeding through a residential area.
3. Lack of skill or incompetence (impericia): Performing an act without the necessary knowledge, preparation, or technique. Example: a person operating machinery without training, resulting in damage to others.
In each of these situations, civil liability arises from the breach of a general duty of care. Tort law in Costa Rica, presumes that every person must act with care to others. When this duty is violated, compensation is due.
Subjective and Objective Civil Responsibility:
Costa Rican civil law distinguishes between subjective and objective civil liability. This classification determines whether responsibility depends on proving fault or whether it arises simply from the existence of risk or harm. Both systems coexist within the Civil Code and are applied depending on the circumstances of the case.
Subjective Civil Responsibility:
Subjective civil liability requires proof of fault (culpa) or intent (dolo). It applies when the defendant’s behavior—through negligence, recklessness, or deliberate misconduct—can be directly linked to the damage caused. The victim must demonstrate that the wrongful act was unlawful, that the defendant was personally at fault, and that the injury was the immediate and direct consequence of such conduct. In this sense, subjective liability is based on moral reproach and the duty to act with care toward others.
Objective Civil Liability:
Objective civil liability, on the other hand, does not require proof of fault. It arises when the law imposes responsibility simply because the person or company created a risk of harm through their activity, even if no negligence is proven. This principle applies especially to hazardous or high-risk activities, and also extends to consumer protection law.
Under Costa Rican legislation—specifically Article 1048 of the Civil Code, Article 9 of the Constitution, and the Consumer Protection Law (Law No. 7472)—manufacturers, distributors, and suppliers are objectively liable for damages caused by defective products, misleading advertising, or unsafe services. The injured consumer does not need to prove negligence, only the existence of the defect and the resulting harm.
Objective liability reflects the modern principle that whoever profits from a potentially harmful activity or market offering must also bear its risks. This ensures fair compensation for victims while encouraging higher standards of safety and corporate responsibility. Together, subjective and objective liability form the foundation of modern civil liability in Costa Rica, balancing individual fault with the broader duty to protect the public.
Civil Damages and Compensation:
In Costa Rica, civil liability is not limited to identifying who caused the harm—it also focuses on quantifying and repairing the damage suffered. The goal of the legal system is to restore the victim to the situation they were in before the harmful event, ensuring full and fair compensation.
The Civil Code and Costa Rican jurisprudence recognize three main categories of damages: actual loss, lost profits, and moral damages. Each represents a different form of harm that the responsible party must repair, depending on the circumstances of the case.
Actual Loss (damnum emergens):
This refers to the immediate and direct economic loss suffered by the victim. It includes material expenses, medical treatment, or the cost of repairing or replacing damaged property.
Example: when a person is injured in an accident and must pay hospital bills or repair a damaged vehicle, these costs form part of the actual loss.
Lost Profits (lucrum cessans):
Lost profits correspond to the income or benefits that the victim would have obtained if the harmful event had not occurred. These damages must be proven with reasonable certainty and supported by evidence of prior earnings or business performance.
Example: a business owner whose store was unlawfully closed or damaged and loses months of income can claim compensation for lost profits.
Moral Damages:
Moral damages compensate non-economic harm, such as emotional suffering, pain, humiliation, or damage to reputation. Costa Rican law recognizes daño moral as a distinct and autonomous category—it can exist independently or together with material damages.
The Supreme Court of Justice (Sala Primera) has repeatedly affirmed that moral damages arise when a person’s dignity, peace of mind, or emotional well-being has been unjustly affected. In such cases, the court determines the amount of compensation based on principles of equity, reasonableness, and proportionality, rather than exact economic valuation.
Example: a person falsely accused of a crime, or a victim of defamation, may claim compensation for emotional distress and reputational damage.
How Civil Liability Claims Work in Costa Rica:
In Costa Rica, most civil liability claims are pursued through the ordinary civil process (proceso ordinario civil), which is the standard judicial procedure for determining the existence of fault, causation, and the amount of compensation. These cases are heard before the Civil Courts, applying the procedural rules established in the Costa Rican Civil Procedural Code (Código Procesal Civil).
The plaintiff must prove three essential elements:
The wrongful act or omission, showing that the defendant acted negligently, recklessly, or intentionally.
The existence of damage, whether material or moral.
The causal link between the conduct and the harm suffered.
Evidence in civil liability cases often includes expert opinions, witness statements, medical reports, and documentary proof of loss. Once liability is established, the court quantifies damages based on the principles of equity and proportionality, seeking to restore the victim’s situation as fully as possible.
Costa Rican judges apply the principle of integral reparation, which means that compensation must cover all consequences of the wrongful act, both economic and emotional. The process is adversarial but guided by reasonableness and procedural fairness.
For a detailed explanation of how the ordinary civil process works—including timelines, evidence, and court procedures—see our page on Civil Lawsuits in Costa Rica.
Why Legal Representation Matters
Civil liability cases in Costa Rica can be complex. Success depends not only on proving who was at fault, but also on properly establishing the extent of the damage and its causal connection. Without skilled representation, you may risk losing valuable rights or recovering less than you deserve.
An experienced civil liability attorney can evaluate the facts, determine whether the case involves contractual or extracontractual responsibility, and prepare the evidence needed to prove the claim. Legal strategy is key: in some cases, negotiation or settlement may achieve better results than lengthy litigation. In others, filing a formal lawsuit is the only way to secure justice and full compensation.
At CPG Legal, we have more than twenty years of experience representing clients—both nationals and expats—in civil litigation, tort claims, and damages cases across Costa Rica. Our practice covers claims for negligence, professional malpractice, wrongful acts, product liability, and moral damages.
Dr. Christopher Pirie.