The company or local authority responsible for a specific manhole cover is under a duty to ensure that the manhole cover is safe and free from defects/disrepair. The company responsible is often the water board, electricity board or a local council.
The responsible company or local authority should arrange for manholes to be inspected regularly, and, if necessary, repaired. If a defect is found then it should be repaired as soon as possible. If a defect cannot be repaired immediately then preventative measures should be taken, such as by blocking off part of the pavement for example. The responsible company or local authority may only be able to escape liability if they can show that a reasonable inspection and repair regime is in place. As part of the claim we would be requesting disclosure of inspection and repair records etc.
If you trip or fall due to a defective or open manhole and sustain injury, you may well be able to claim compensation. Immediately after an accident people are often in shock and they may also be in pain. People often worry about how they will get home or what they are going to do. It is often the case that people do not realise the extent of their injuries. Of course if we fall and sustain injury it is natural to think that no real harm is done and we often expect symptoms to fully resolve within an hour or two. However sometimes symptoms can get worse and the injury could be more severe than you realise. Therefore it is always essential to seek medical advice if you feel the need to do so.
Making a claim for compensation is probably not something you think about straight after an accident. However we would always recommend that you obtain photographs of the accident location and defect in question. These pictures could be crucial evidence if liability is disputed. After all, the defect could be repaired at any time and therefore the opportunity to obtain photographs of the defect may not be open indefinitely.
It turns out that manholes can be quite dangerous if they are not properly maintained and repaired or if they are left uncovered/open. If you have sustained injury due to an accident involving a manhole then you may be entitled to recover compensation. Remember, we can assess a claim for free so there is never anything to lose in making an enquiry with us.