The pavement was narrow and the individual that caused the fall alleged that they tripped on the victim’s shopping trolley. However, the Court considered that the knock must have been very large and/or excessive given that the victim was thrown aside and fell into the road, with the impact having been on the pavement.
The accused alleged that the victim was not walking on the right side of the pavement – and alleged that it should be carried out in accordance with a municipal ordinance – but the Court indicated that this was only a recommendation and not an offence or legal obligation.
By way of synthesis and conclusion, it is best not to step out of one’s house or apartment building onto the pavement in a hurry, without checking sufficiently, especially if the pavement is narrow, and always walk on the right hand side.
For further information, please contact Alex Ensesa Casulleras : [email protected]