The accident
Our client, aged 77, was making the familiar ten-minute walk from her home to attend her regular aqua aerobics class at the local gym. Staying active was an important part of her weekly routine, helping her maintain both her fitness and independence.
As she walked along a public pathway maintained by the local council, she stepped onto what appeared to be a normal manhole cover. Without warning, the cover flipped beneath her feet, sliding away and leaving a large open hole directly underneath.
She fell into the exposed opening, suffering a frightening accident that could easily have resulted in life-changing injuries. Fortunately, she was wearing a backpack which helped cushion her fall and prevented her from falling completely into the manhole. Despite being shaken and in considerable pain, she managed to pull herself out of the hole unaided.
What made the incident particularly concerning was that there were no warning signs, cones or barriers surrounding the defective manhole. There was nothing to alert pedestrians to the danger beneath their feet, leaving anyone using the pathway at risk of suffering a similar accident.
Realising the importance of preserving evidence, she took photographs of the defective manhole cover and the accident location. Those photographs would later prove invaluable when pursuing her claim.
The injuries
Although she avoided falling fully into the manhole, she sustained painful injuries that had a significant impact on her daily life.
The accident caused severe bruising to her ribs and legs, leaving her in considerable discomfort. She also suffered a significant shoulder injury which became the most serious aspect of her claim.
Following the accident, she initially required treatment from her GP before being referred to specialist medical professionals, including a trauma consultant and a shoulder specialist. To properly assess the extent of her injuries, JK Lawyers arranged two MRI scans together with a CT scan, ensuring comprehensive medical evidence was obtained.
Her shoulder injury continued to cause ongoing pain and restriction despite conservative treatment. She underwent physiotherapy and sports massage therapy in an attempt to improve her symptoms, but the damage proved significant, and she is now awaiting shoulder replacement surgery.
The injuries affected every aspect of her daily life. She experienced persistent pain, struggled to sleep comfortably and found many ordinary activities increasingly difficult. For someone who had enjoyed keeping active through regular exercise, the accident had a profound effect on both her independence and quality of life.
The claim
She instructed JK Lawyers after the accident.
From the outset, liability was strongly disputed by the local council. Despite the dangerous condition of the manhole cover, the council refused to admit responsibility, making the case a hard-fought and complex claim.
Our legal team carefully gathered and preserved the available evidence, including the photographs she had taken immediately after the accident. We also obtained detailed medical evidence from the treating specialists to demonstrate the full extent of her injuries and the ongoing impact on her life.
Throughout the claim, JK Lawyers argued that public authorities have a duty to take reasonable care to inspect and maintain public pathways so they are safe for pedestrians. An unsecured manhole cover on a public footpath presents an obvious and entirely avoidable hazard, particularly to elderly or vulnerable members of the public.
The case continued for almost three years, during which our team remained committed to securing the best possible outcome without compromising on the value of the claim. Despite the council maintaining its denial of liability for much of the litigation, we continued to press the evidence and negotiate firmly on her behalf.
The outcome
Our persistence paid off.
Court proceedings were issued in this case, and the case was listed for a trial on 16th September 2026.
Before a trial became necessary, JK Lawyers successfully negotiated a settlement of £18,000 in compensation for our client.
The settlement reflected not only the pain and suffering caused by the accident, but also the ongoing medical treatment she required, the impact on her independence and the likelihood of future shoulder surgery.
This case demonstrates the importance of seeking legal advice as soon as possible after an accident. Her decision to photograph the defective manhole immediately after the fall proved to be vital evidence during the claim, particularly where liability was disputed.
At JK Lawyers, we understand that serious accidents can have a lasting impact, especially for older people who simply expect public walkways to be safe. Our experienced personal injury team works tirelessly to investigate every case thoroughly, obtain the strongest possible medical evidence and challenge organisations that fail to keep public spaces safe.
If you or a loved one has been injured because of a dangerous pavement, defective manhole cover or another hazard in a public place, our specialist solicitors are here to help. We offer No Win, No Fee representation, ensuring every client receives expert legal advice and personal support from the very first call through to the successful conclusion of their claim.