Tort law at Guam (US)
In Guam, tort law is primarily governed by statutes and case law, with influences from U.S. common law principles. The legal framework addresses various aspects of tortious conduct, including negligence, fraud, and liability in specific contexts.
⚖️ Legal Framework
Guam Code Annotated (GCA):
Title 20 – Remedies: This title outlines general principles of compensatory relief, including provisions on damages, detriment, and civil immunity for certain persons.
Title 18 – Business Structure & Function: This title includes provisions on obligations imposed by law, such as abstinence from injury, fraudulent deceit, and responsibility for negligence.
Title 7 – Judiciary and Civil Procedure: This title addresses civil actions, including the form of civil actions, time for commencing actions, and parties to civil actions.
🧾 Key Principles of Tort Law in Guam
Negligence: A negligence claim requires proof of a duty of care, breach of that duty, causation, and resulting damages.
Fraudulent Deceit: Liability arises when one willfully deceives another with intent to induce them to alter their position to their injury or risk.
Contributory Negligence: Guam follows a comparative negligence system where contributory negligence does not bar recovery but may reduce the damages awarded in proportion to the claimant's degree of fault.
Economic Loss Rule: In construction cases, Guam adheres to the economic loss doctrine, which generally prevents contractors from suing each other for tort liability in connection with a construction project unless there is property damage or personal injury.
Strict Liability: Certain statutes impose strict liability, such as the liability of firearm owners for injuries caused by minors using their firearms.
🏛 Judicial System and Case Law
Guam's judiciary comprises the Supreme Court and the Superior Court, which handle civil matters, including tort claims. Case law, such as Guerrero v. McDonald's International Property Co., Ltd. and Rodriguez v. Lotte Hotel Guam, LLC, provides precedents on negligence and duty of care in various contexts.
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