Manhole Cover Trip Claim: Council and Utility Company Liability for Drain Cover Defects

In this Q&A, learn how to claim compensation if you have been injured after tripping over a raised, unsafe or missing manhole or drain cover. These covers provide access to underground drainage and sewer systems, and defects can present a serious hazard. We explain how liability is determined between councils and utility companies, including the statutory “reasonable inspection” defence. We also explore the evidence needed to prove your injuries—drawing on this case study, including medical expert evidence for facial injuries such as scarring, a broken nose and dental damage.

Unsafe Manhole Drain Cover Trip Accident Scenario

After leaving a venue following a meal, I was walking towards the bus stop. My heel got caught on a 1.5 inch lip on a manhole cover situated on a pavement, causing me to fall directly onto my face.

A passer-by witnessed me fall and came to my assistance. I was dazed and my mouth and nose were bleeding. An ambulance was called and I was taken to Accident & Emergency at a hospital in London.

I was diagnosed with a broken nose, two black eyes, two smashed incisor teeth and concussion. The teeth could not be saved and have to be removed. In addition, I have cuts to my lips, mouth and gums. It is likely I will be left with a prominent scar.

I have since returned to the accident scene to take photographs. The lip of the manhole cover is standing proud by at least 1.5 inches.

Is it possible to make a claim, and if so, who can I claim from?

Manhole or Drain Cover Trip Hazard Assessment

Liability of the council, local authority or utility company depends on several factors. Not least the height of the defect of the manhole cover.

Height of Unsafe Manhole Cover

The general rule is that a vertical trip hazard of a manhole or drain cover must exceed approximately one inch on a pavement or two inches on a road for liability to arise.

You have indicated that the height of the defect was over 1.5 inches. Therefore, on the face of the facts (prima facie) you could have a claim.

Reasonable Inspection Defence

However – for this type of public liability claim a statutory defence known as reasonable inspection and maintenance can defeat a claim.

In other words – if either the council or utility company can show that regular inspections of the manhole or drain cover took place (for example every 6 months) and the hazard developed between inspections then liability for your injury claim could be defeated.

As the defect appears to be with the drain cover itself, the party likely to be responsible will be the relevant utility company. In other words – United Utilities. However, the council will also have records of who conducted the works on the drains.

Disclosure of Council and Utility Company Records

To establish liability, disclosure of inspection and maintenance records held by both the council and the utility company can be obtained by a specialist solicitor. If produced – their accuracy can be checked with local residents. For example – complaints may have already been raised to the council about the problem. In this way – the manhole cover tripping hazard could be shown to have been in existence for some time.

Medical Evidence Needed to Prove Your Injuries

Should both the council and utility company not prove to have a statutory defence then medical evidence will be required to prove your injuries. This may include:

Starting a Trip Accident Claim

See our specialist solicitor free initial consultation options. You can not only discuss making a manhole cover trip accident claim, but also have any further questions answered,

Alternatively – take a look at our proving liability for a pavement or road defect claim article.