We have often been asked who is responsible for injuries sustained when there is open manhole?
How do these types of accidents happen?
Generally these types of accidents happen when there is negligence on behalf of the property owner. When the party creating the condition fails to inform pedestrians of the dangers they will be held negligent. In some cases landlords who create the condition fail to notify pedestrians, or fail to post signs. Other times the property or sidewalk is not properly lit. Each case is different and requires careful analysis and evaluation of the facts. Common injuries resulting from manhole fall accidents include- Head Trauma – Including Severe Traumatic Brain Injuries
- Spinal Cord Fractures
- Facial Cuts and Bruises
- Broken ankle and fractures bones including rib fractures
- Eye trauma
- Mental Anguish
Who is liable – Premises Liability Property Owner Duty Lawsuits
Liability can be imposed on a few different parties. For instance if it is done for the benefit of a property owned by a private party, they can be held liable. If the city is responsible for the condition, then they can be held liable. Other times contractors themselves can be held solely responsible for the accident and will usually have insurance coverage for these types of accidents. If it is a homeowner or commercial property owner, then their property insurance will likely step in to cover the losses.
Learn more about your legal options by chatting with a representative now.
Steps You need to take to Protect Your Legal Right to Compensation
Depending on the extent of your injuries, you should first consider seeking medical treatment for your injuries. Never attempt to diagnose your own injuries. If you were injured as a result of another negligence you are entitled to damages for your injuries. Generally the theory of liability would be negligence.
In such a case we would need to show amongst other things that the standard of care of either the property owner, city works department or contractor was below the standard in the industry. For instance if they left the trench open without sufficient notice or lighting then there conduct would be considered negligent.
Our offices have been handling a number of these claims. Each case has its own set of liability issues and we are happy to offer a free case evaluation. Many times we see what other attorneys fail to recognize and are happy to help our clients get a better understanding of their case. If you have been injured as a result of an open trench accident, contact our offices today for a free case evaluation.