If you have been injured by a missing manhole cover then it is likely that we could make a claim under the Highways Act 1980.
Who is liable for these types of claims?
It is quite straight-forward when making a claim that you should find out who is responsible for the manhole cover. If you have been injured on a public highway then it is could be that a local authority could be liable for your injury.
Utility companies are other potential bodies who may be liable for your injury. Water companies, electric companies and gas companies could all be responsible depending on which manhole cover is located and where. In this circumstance it could fall under the similar law of the Occupiers Liability Act 1957.
The companies and local authorities are under a duty to ensure that you are not injured due to a missing manhole cover. If they have breached their duty to inspect and maintain a manhole and this has caused your accident, you may be in a position to make a claim for personal injury compensation.
Can they escape liability?
Manholes should regularly be maintained and inspected to ensure they do not wear down, raise from floods, crack or are removed. Those responsible for the maintenance of manholes should have an inspection routines in place to ensure that they do not pose a risk to anyone. If it is inspected and a defect is found, this should be repaired as soon as possible. If it is not possible to repair it immediately, temporary covers or warning signs should be placed to notify anyone of the danger.
What we need to make a claim
Evidence is crucial in these types of cases. Obtaining photographs of both the missing manhole and your injuries is useful to both prove their negligence and that they caused your accident.
If you have fallen down a manhole we should be able to investigate a claim on our No Win, No Fee basis and offer you a 100% compensation agreement if you win.
