Chef Who Fell Down Unattended Manhole May Make Injury Claim
A chef who has already spent time off work due to illness is now entitled to make an injury claim after injuring himself yet further.
The North West Evening Mail reports that 44-year-old Keith Bibby was leaving his home on Lord Street in Millom, Cumbria, to go to the shops when he fell into a hole left by recent excavation work.
"It's going to take two to three weeks to get fully mobile. I was hoping to get off the sick but it will not be for a while now."
Mr Bibby's injuries include ligament damage to his left ankle and bruising, and he is now obliged to use crutches to get about. The hole was dug by Electricity North-West, in order to get access to the supply for a neighbouring property.
Mr Bibby was aware of the hole's presence but claims that it was not left in a satisfactorily safe state after the workmen were finished for the night.
"It is disgusting how they have left it, I have been trying to get hold of them but with no luck. Everything that was in the hole was left next to it, it's an eyesore.
"I would like to see them finish the job but I am more concerned about the elderly or young children falling down like I did."
The electricity company expressed their regret at Mr Bibby's injuries but insisted the site was left in a safe condition.
"We are very sorry to hear this gentleman has hurt himself.
"We did carry out some work outside a property in Lord Street yesterday and when we left, we made sure the excavation was fully boarded off and a walkway clearly marked.
"We were absolutely confident we left the excavation in a safe state.
"We can only assume there is a possibility this accident happened because the site was tampered with after our engineers left the site.
"We will be going back to inspect the site again, we abide by strict guidelines and safety is our over-riding priority."
Having expressed a desire that the hole be filled in immediately, Mr Bibby might potentially be able to bring an injury claim on the basis that he has been hurt due to the negligence of either his local council or Electricity North-West in failing to maintain the site properly, especially if it situated on a public highway.
Successful injury claims can hinge on someone hurting themselves simply by tripping over a loose paving stone or slipping on a wet floor, so an unfortunate victim who falls into a manhole has an arguably strong case, if it is proved that the accident was not his fault.
Further details are not mentioned in the article. It remains unclear at which time of day and year this accident occurred.
Factors such as the lighting conditions and the reasonableness of Mr Bibby not being able to see the hole will obviously have an effect on the strength of his injury claim, if he decides to make one at all. If, as he says, his injuries will delay his return to work, then there is no reason why he shouldn't.
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