£4,000 compensation recovered after delivery man falls in manhole

Boyes Turner accident claim specialists recently acted for a man who sustained a personal injury whilst delivering meals on wheels to elderly pensioners. 

On one occasion our client was delivering meals on wheels to an elderly occupant in sheltered accommodation. Works had been carried out in the preceding week to the path/drains outside the house but they were only partly finished. He stepped on a manhole cover outside the property, it split in two, and his leg went down the drain.

He sustained soft tissue injuries to his leg, which still affect his ability to work and carry out day to day tasks around the home.

It was unclear whether the council or an independent contractor was carrying out the works to the pathway. We needed to show breach of the Occupiers Liability Act, if the works were being carried out by the Council, and negligence. We would rely upon negligence alone if it was not the Council who were working at the property. It was unlikely that the Highways Act would apply.

We wrote a letter of claim and put the road surfacing contractors and the local council on notice that they had left the road in a dangerous state, such that the manhole cover was likely to give way when stepped on. This was not a straightforward case, as the identity of the defendants was uncertain, and there were no witnesses.

After 2 months of negotiations, with both prospective defendants, the claim was settled for £4,000. 

The service was personal, professional and considered. I was treated so kindly and in the end I knew that not only had I found the right organisation but also the right person.

Boyes Turner client

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