Marín v. Government of the Capital of Puerto Rico
Marín v. Government of the Capital of Puerto Rico
Opinion of the Court
delivered the opinion of the Court.
The accident which gave rise to this case occurred on a sidewalk at Fernández Juncos Avenue, near Stop 18, in front of the building where the offices of defendant Jiménez & Fernández, Suers., are located. Plaintiff had his offices in a nearby building and customarily passed by that sidewalk. The trial court stated in its findings of fact that “the- sidewalk in front of said entrance was sloped toward the street and on the outside part of the latter there were some small holes and off-levels. Said situation was known to plaintiff, as he testified, because previously he had met there with difficulties of which he had not complained. As plaintiff stated ‘he knew the place well and the condition of the sidewalk since he constantly passed by there.’” (Italics ours.) Actually, the photographs of the place clearly show that the existing off-level was slight.
Thus, the trial judge concluded “that the hole or depression in the sidewalk with which plaintiff stumbled causing his fall and injuries was not of such nature as to show, by itself, negligence on the part of the Government of the Capital in the maintenance of said sidewalk.”
Notwithstanding the previous finding, the trial court concluded, after exonerating the municipal government, that the other defendant Jiménez & Fernández, Suers., was liable because “the place in the sidewalk where the accident occurred was one of the entrances which said defendant had and used for its vehicles” and “for this reason it was compelled to keep and maintain said entrance, part of the public sidewalk, in safe condition for the pedestrians.”
In Ramos v. Carlo, 85 P.R.R. 337 (1962), we laid down the ruling that he is liable. We said there: “To uphold the judgment in its legal reasoning would be tantamount to laying down the rule that an adjoining property owner or any neighbor, in disregard of his general duty of correctness toward the other citizens, as Barassi would say, may create dangerous conditions on sidewalks without being civilly liable, imposing on the pedestrian using them the duty to be constantly on the lookout for his safety.” The dangerous condition may consist, as in the case of Carlo, of objects or artifacts which are left on the sidewalk or of dangerous defects which are formed in that section of the sidewalk especially used by the property owner. A common example of the special use is the alteration of the sidewalk to make it easy for the entrance of vehicles. Granucci v. Claasen, 269 Pac. 437 (Cal. 1928); Peters v. City and County of San Francisco, 250 P.2d 675 (Cal. 1952). The obligation of the owners of the buildings bordering the sidewalk to repair them when they are used for a special purpose has been upheld. 2 Antieau, Municipal Corporation Law 98.41, § 11.20 (1962 ed.); McFerrin v. Crescent Amusement Co., 364 S.W.2d 102 (Tenn. 1963); Herron v. City of Youngstown, 24 N.E.2d 708 (Ohio 1940). This obligation rests “upon the principle that such special use by the abutting owner carries the obligation of preventing unsafe or dangerous conditions from developing as a result thereof.” Lee v. City of Baton Rouge, 141 So.2d 125 (La. 1962). And since the person who by negligent act
The foregoing having been established, we- must now consider whether codefendant herein Jiménez & Fernández, Suers., was negligent in not repairing the defect in the sidewalk.
In Davidson v. H. I. Hettinger & Co., 62 P.R.R. 286 (1943), we established the liability of the municipal government in connection with accidents caused through the negligence of its officers and employees in the maintenance of the sidewalks.. We stated therein that “Whether a sidewalk is in a condition of reasonable security or not is a question of fact to be decided by the court in accordance with the testimony. And in determining that question in a case like the instant ease, there should be taken into consideration, among others, the following circumstances: the width, length, and depth of the hole; the width of the sidewalk; whether the street is one on which many people walk; whether the hole is of such a nature that it is not clearly visible to pedestrians walking with the aforesaid reasonable care.”
In view of these rulings, the trial court invoked Hettinger’s opinion in entering judgment, as wé said, relieving the Government of the Capital from liability. It considered that the government did not act with negligence in not repairing the defect in the sidewalk. Its conclusion was correct in this respect. The defect which caused plaintiff’s fall, as it is shown by the photos presented in evidence, consisted of a small depression. It is generally accepted as stated in White v. City of Alexandria, 43 So.2d 618 (La. 1949), that: “Defects in sidewalks that are not in the nature of traps, or from which danger cannot reasonably be anticipated,
“For determining what is a dangerous defect in a sidewalk (that which renders the municipality responsible in damages to a pedestrian injured as a consequence thereof) there is no fixed rule; the facts and surrounding circumstances of each particular case control. The test usually applied, however, requires an answer to the question of whether or not the walk was maintained in a reasonable safe condition for persons exercising ordinary care and prudence.” See, also, Antieau, op. cit. at p. 98.23, § 11.20; City of Cleveland v. Treadgill, 148 So.2d 670 (Miss. 1963); Annotation, Sidewalk Defect — Question for Jury, 37 A.L.R.2d 1187, 1192 (1954); Oliver v. Municipality of Bayamón, ante, p. 432.
It might be arbitrary to excuse the municipal government from responsibility in the light of the aforestated criteria and to impose it on the owners of buildings adjoining sidewalks on the basis of different and more strict rules. Certainly, if the government was not responsible in this case, as it was correctly decided by the trial court, neither was the other defendant since the defect in the sidewalk was one which reasonably did not require that a dangerous situation be anticipated for pedestrians. Furthermore, the evidence showed that defendant Jiménez & Fernández, although it originally altered the surface of the sidewalk to expedite
There is another circumstance on which the trial judge made no finding but which plaintiff himself clearly established. When the accident occurred plaintiff was carrying a drill in his left hand and at the very moment he stumbled, he put his right hand in one of his pant’s pockets to take out his car keys. Obviously, in those conditions it was difficult for him to keep his balance to remain erect in case he should stumble. It is reasonable to conclude that the cause of the accident, considering this fact, was not the defect in the sidewalk, which as we have seen was small, but the fact that at that very moment plaintiff could not keep his balance. This being so, the finding which made Jiménez & Fernández, Suers., liable for the accident suffered by plaintiff was erroneous.
The judgment rendered by the Superior Court, San Juan Part, on June 24, 1960 will be reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.