Commonly a manhole cover accident may occur due to the manhole being uncovered, or by the cover being unsecured or damaged.
It may not always be clear who the manhole cover is owned by. Manhole covers can be owned by local councils, water boards, electricity companies, gas boards and many other type of similar company. Each one of these companies and boards have a duty to protect you from harm, as far as is ‘reasonably practical‘ under S41 of The Highways Act 1980 and under the general scope of the Occupiers Liability Act.
There may be a system of inspection in place by the council or company that owns it to ensure that the manhole cover is maintained and is safe. Inspections may check for any defects and ensure that regular maintenance is carried out. If there are any complaints made about the manhole covers, there is a duty to investigate and to ensure that the defect is rectified.
Reasonable inspection of manhole covers may act as a defence. If regular maintenance is carried out by the company or council, it can be seen that they have taken reasonable care to ensure that the manhole covers aren’t dangerous for public use.
If you think you may have a manhole cover accident claim, you may like to take some further steps in order to support your claim. The first step to take is to report the defect to the local council or company, so that they are aware of the defect.
The next step is to take photographs of your injuries and of the manhole cover itself. This will document the nature of the defect. You should also check for any witnesses to the accident, and if possible get their details.
Manhole covers accidents are common, and you may be able to claim for compensation if you have been injured in accident that wasn’t your fault. Give us a call on our free helpline 0800 634 75 75.
