Bill 311.

Summary.

The bill establishes a civil liability framework for injuries, damage, or losses involving private vehicles, company vehicles, public transportation, and pedestrians as a result of omissions or negligence concerning public roads in Panama. It covers public institutions, companies operating under a concession or government contract, and companies providing energy, telecommunications, or other services. It retains the Civil Code and the Judicial Code of the Republic of Panama as references. It requires responsible public institutions and concessionaires or contractors to pay compensation directly from their budgets, without requesting new budget transfers. The harm must have a direct, immediate, and exclusive connection to their activity or omission.

For vehicles, the bill lists damage to bodywork or mechanical parts caused by the poor condition of roads, avenues, highways, streets, and bridges; missing or improperly placed drains, manhole covers, other covers, or catch basins; unsuitable materials; design deficiencies; deteriorated bridge components; inadequate signs at construction sites; and insufficient lighting. For pedestrians, it covers accidents and injuries associated with the condition, lighting, or signage of sidewalks and pedestrian bridges, inadequate access for persons with disabilities, and missing drainage components or covers. It also provides for reimbursement of medical expenses where bodily injury occurs. In hard-to-reach areas, it directs the competent institutions to consider progressively replacing pedestrian bridges made of wood or other unstable materials within 8 years of promulgation.

Entities identified as responsible could defend themselves using photographs or videos obtained by public entities or local governments at least 1 or 2 days in advance, records of timely repairs, and independent expert assessments by public bodies. The bill excludes public administration liability for force majeure, including natural disasters and extraordinary events provided for in Article 55 of the Political Constitution of the Republic, subject to exceptions under special legislation and Panama’s Civil Procedure Code or Judicial Code.

The National Public Services Authority (Autoridad Nacional de los Servicios Públicos) would receive and decide claims of up to 10,000 balboas (B/. 10,000.00), with jurisdiction concurrent with the competent courts; its decisions would constitute enforceable instruments. An affected person would have up to 1 year from the date of the harm to claim compensation and could act without a lawyer; the bill also provides for action by the legal representative of a legal entity or a senior official of a state entity. Anyone preferring to go to court could do so under the Civil Code, Civil Procedure Code, and Judicial Code. An administrative claim would include the affected person’s details, photographic or audiovisual evidence subject to a 5-calendar-day limit, witnesses making sworn statements before a notary, and, for pedestrian injuries, original receipts for medical expenses.

The authority would have 1 calendar month to reject claims and 6 calendar months to decide them, with extensions of 1 additional month on no more than 2 occasions, supported by reasons. If it found liability, it would oversee payment: public institutions would have up to 18 calendar months, and the companies identified would have up to 1 calendar month. A party that pays for its employees or agents could seek reimbursement from them. The responsible party would have up to 60 calendar days to repair the infrastructure that caused the harm. A fraudulent claim would incur a fine of 500 balboas (B/.500.00), payable to the National Treasury and collectible through charges on public utility bills if unpaid.

The bill requires due process, permits consultations with the Office of the Attorney General for Administration (Procuraduría de la Administración) under Law 38 of July 31, 2000, and requires internal compensation programs. It directs the National Authority for Transparency and Access to Information (Autoridad Nacional de Transparencia y Acceso a la Información) to oversee transparency and accessibility under Law 6 of January 22, 2002. It provides for implementing regulations within 10 months and a budget request by the National Authority of Public Servants (Autoridad Nacional de los Servidores Públicos) to the Ministry of Economy and Finance (Ministerio de Economía y Finanzas). It would take effect in the fiscal year following its promulgation in the Official Gazette and repeal conflicting rules. Its provisions are relevant to those public entities and to the transportation, construction, energy, telecommunications, and public services sectors.