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A community of property owners in the northwestern Spanish city of Valladolid has been ordered by a court to pay 12,000 euros in compensation to a post office worker who tripped over a door step and injured his leg.
The individual had only started working as a postman in the area three days prior to the incident. He did not know the neighbourhood and was unfamiliar with the buildings, Valladolid's court of appeal heard. He tripped over a front door step after delivering a letter to one home, injuring his leg which then required him to have two operations.
As a result of the incident and his injuries, which involved "two days of serious personal injury, 107 days of moderate personal injury, plus five points for sequelae consisting of slight aesthetic damage", the judge ordered the resident's association to compensate the postal worker to the sum 12,155 euros, confirming the court's original decision.
The judge considered the fall suffered by the worker was caused by "negligence" on the part of the resident's association in failing to remove or properly mark the edge located at the bottom of the entrance door to the building, "which meant that a person who was not familiar with the building could not notice its existence and tripped, falling to the ground and suffering a strong impact on his leg".
The court considered it is not up to a pedestrian to foresee the presence of a small difference in level (barely 9cm), "but at the same time it was relevant that it was not signposted or highlighted, but rather masked". "There is a negligent arrangement of the change in level between the street and the doorway, which, due to its particular characteristics, constitutes an obstacle that is a risk because it was not foreseeable for the victim," the judge ruled.
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