The claimant was injured after falling down a manhole at the school in which she worked.
The client was walking across a grass verge when the manhole cover that she stepped on spun round. The council denied liability for the claimant's accident on the grounds that they had a reasonable inspection system in place and that nothing more could have been done to ensure that the manhole cover was firmly in place.
The council argued that the only way that the cover could have been dislodged was if a grass cutting machine had done it as the cover was too heavy to be displaced by foot and the field was cut twice every month.
Breach in Regulations
The judge ruled that the council were liable for the claimant's accident. He found that although the council had an inspection system in place it was not being followed at the time of the claimant's accident.
The judge found that the council were in breach of regulation 5 as they failed to ensure that the ground was in "an efficient sate, in efficient working order".
Compensation Claim
If you or a member of your family has been injured as a result of a slip, trip or fall that was the fault of someone other than yourself contact Clear Answers' expert personal injury solicitors on 0800 783 9019 or alternatively fill out one of our online compensation claim forms.
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