A woman who won compensation after injuring her ankle on a manhole cover has had the decision confirmed by the High Court.
The accident occurred when Annette Atkins was walking down a street in Acton, London. She stepped on a manhole cover which tilted, causing the injury to her ankle. Local authorities are responsible under the Highways Act 1980 for ensuring manhole covers are safely secured. Ms Atkins brought a case against Ealing Council and was awarded £2,750 in compensation.
The Council appealed the case to the High Court, claiming they had checked the manhole cover for trip hazards. They argued that the system of visual inspections used could not have detected the particular fault that had caused the accident and that the only way to discover the problem was to stand on the manhole. They argued that to impose such a requirement as part of their safety checks would place too high a burden on them. For this reason, they claimed not to be liable for the injury.
The judge in the High Court rejected the Council's claims, agreeing that the inspections should have been more thorough given that the manhole was on a shopping street. Manholes that tilt because they are not properly secured have the potential to cause serious injuries. The Court therefore ruled that the inspection was not adequate in this case.
