(a) With the exception of that specially provided for by §§ 1—42 of Title 11, and that provided in § 2304 of this title, the provisions of §§ 5141 and 5142 of Title 31, shall be applicable to damage caused in navigable waters of Puerto Rico or in its harbors or docks; but the proof that the damage was exclusively caused by the defendant or by the latter jointly with a person for which the plaintiff must not respond, on illegally obstructing the navigation or marine trade in navigable waters of Puerto Rico, or in its harbors or docks, or on infringing any of the provisions of this chapter or of the rules or regulations approved and promulgated by the Administrator to regulate navigation or marine trade in said waters, docks or harbors, or the provisions of the Regulation of Docks and Harbors of Puerto Rico of 1928, on the same matter shall establish against the defendant a controversial presumption of fault or negligence. The responsibility herein provided shall be solidarily demandable, when the damage has been caused by a ship, to the person owner of same, to its captain and to the agent of any of them.
(b) The damages caused through the action or omission of the Administrator or of any officer, employee or agent of the Authority, while acting in his official capacity and within the scope of his function, employment or commitment as an agent of the Government of the Commonwealth of Puerto Rico under the provisions of this chapter (in contraposition as when acting in the exercise of the property rights of the Authority as a public corporation) intervening fault or negligence, shall exclusively be requirable to the Commonwealth of Puerto Rico as provided by law.
History —June 28, 1968, No. 151, p. 459, § 3, art. 3.03; June 25, 1969, No. 84, p. 238, § 1.