Manhole Accident Attorney | Open Trench Injury Lawsuits
How to Sue for a Manhole Accident
Premises liability lawsuits can be filed by anyone on private property if they were injured, but the level of rights and care varies from type of person to type of person. Invitees are essentially customers and are afforded the highest duty of care, while licensees are more social guests. If you were in a mall or other type of store, you were likely an invitee. Trespassers can also sue, but they are afforded drastically fewer rights because they were not legally on the property at the time of the incident. Manholes are public property, so you would have to file a lawsuit as an invitee against the city. The Department of Public Works will likely be the defendant, as they would have needed to repair the manhole and did not do so in time.
Claims require that you prove one of three scenarios. They are as follows:
The property owner knew there was a hazard or problem with the manhole but did not try to fix it or provide any warnings to individuals who were using it
The property owner caused the problem with the manhole
The property owner was not aware that the manhole had any issues, but he reasonably should have if he were attentive and doing his due diligence of inspecting the premises
Manhole accidents generally come about because of a lack of awareness or maintenance, so the city should have been paying close attention, especially if problems were brought up in the past.
How do these types of accidents happen?
We have often been asked who is responsible for injuries sustained when there is open manhole?
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
— Pot Hole Attorneys | Road Defect Lawyer in Los Angeles
Our Recent Verdicts and Settlements
Slip and fall Accident
Compensation from a Manhole Accident Lawsuit
Manhole accident claims can result in a large amount of compensation. You may be able to receive the following types of damages:
Medical bills form the past and future for treatment, physical therapy and rehabilitation, medication, surgery, hospitalization, and more
Property damage if any personal items were lost or broken in the incident
Lost income if you were unable to work for a period of time, which can include bonuses, tips, commissions, and more
Pain and suffering damages for emotional trauma, mental anguish, PTSD, anxiety, fear, and more
The value of your case will be determined by the insurance agent handling it. He will consider the extent of your injuries, your age and career, and how responsible you were for the incident. We will strive to win you the maximum compensation available under the law.
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: call (888) 649-7166 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.