Tort liability is governed by the law of the state where the events occurred
Non-contractual civil liability. It is governed by the law of the place where the events occurred, regardless of whether jurisdiction to hear the case lies with the authority of another state.
Official heading (Spanish): RESPONSABILIDAD CIVIL EXTRACONTRACTUAL. SE RIGE POR LA LEY DEL LUGAR DE LOS HECHOS, INDEPENDIENTEMENTE DE QUE LA COMPETENCIA PARA CONOCER DEL ASUNTO LE CORRESPONDA A LA AUTORIDAD DE OTRO ESTADO.
The ruling
A tort case was heard in Mexico City due to the defendant's domicile; the defendant asked that the law of the place where the events occurred be applied. The court refused. On direct amparo, the Collegiate Circuit Court held that, under the territoriality principle and articles 121 and 124 of the Constitution, the law of the state where the event occurred governs, even if a court elsewhere hears the case.
Our take
For companies operating in several states, this has substantive consequences. Local civil codes may differ on moral damages, amounts, limitation periods and strict liability. If an accident occurs in Querétaro and the claim is filed in Mexico City, Querétaro law will govern. This creates strategic room: compare both regimes before answering and, where useful, expressly request application of the law of the place of the events, as the defendant did here.
What to do
- Compare the civil code of the place of the events with that of the forum before answering.
- Expressly request application of the law of the place of the events when it is more favorable.
- Factor state differences on moral damages and limitation periods into accident contingency assessments.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- I.8o.C.1 C (12a.)
- Digital registry
- 2032632
- Published
- September 11, 2026
- Area
- Commercial and civil
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.