Injured Man Criticises Sheffield City Council After Year-Long Legal Battle
10/06/2011
A Sheffield man who suffered painful leg and shin injuries when he fell over a hidden manhole cover has criticised Sheffield City Council, claiming that their reluctance to accept responsibility for the accident has forced him to take legal action.
Keith Unwin, 62, fell over a hidden open manhole cover into sewage back in February 2010 whilst walking on across council-maintained grassland near his home in Gleadless.
But despite the grassland being poorly maintained, the manhole cover being open and broken lighting on alternative paths, the council refused to accept responsibility for accident, leaving Mr Unwin to fight a year-long legal battle.
The council also claimed that they had received no reports of the damaged manhole prior to the accident, and argued Mr Unwin should have used a nearby footpath as an alternative route.
Mr Unwin was eventually able to prove that the council had been negligent in its maintenance of the area, providing a photograph of the alternative footpath, which itself was extremely overgrown and had broken street lighting. Mr Unwin had already complained to the council about the broken street lighting in the area, but this was not repaired until after his accident.
Sheffield City Council has now agreed to pay compensation to Mr Unwin after negotiating a settlement with his representatives at law firm Irwin Mitchell.
Mr Unwin said: “The pathway and manhole cover were in terrible condition and both were dangerous to anyone passing through. There are a large number of children who live in my area and it could easily have been one of them who was injured by the manhole.
“The Council was quick to try and cover its own back suggesting it wasn’t at fault for my accident, and it’s just a shame it didn’t show the same speed of activity when it came to repairing the lighting and manhole cover. They insisted there was no fault on their part and I had no option than to seek help to make them stand up and take responsibility.
“Some of the roads and pathways in Sheffield are disgraceful and it’s about time the Council took action to improve them. They didn’t take my concerns seriously before my accident, but I hope they might take more notice after this.”
Kay Bailey, a public liability specialist at Irwin Mitchell who represented Mr Unwin in his council claim, is now urging the council to ensure all public areas are correctly maintained to prevent further accidents from occurring.
She said: “Mr Unwin was injured as a result of poor maintenance by Sheffield City Council, and he was fortunate not to have been injured even more seriously. As we have seen from this case, potholes and manholes can pose a serious danger to the public if they are not maintained properly.
“Mr Unwin’s accident could have easily been avoided had the Council repaired the lighting and the manhole cover, and it is important that swift action is taken to ensure public areas are kept in good condition. At Irwin Mitchell we repeatedly call for improvements in safety standards and will continue to campaign for the rights of the victims we represent.”
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