Manhole mishap means injury compensation for CWU member

[POSTMAN]

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Simpson Millar has secured damages for a postal worker who fell over a householder's ill-fitting manhole cover.

In April 2010, the postman and CWU member was delivering mail to a house in Bacup, Lancs when he stepped on the manhole. Its cover, which was not properly fitted, flipped up and caused the worker's left leg to fall into the manhole. He fell forward, landing on his right wrist and elbow.

The postman suffered bruising and swelling to his right elbow and wrist, swelling and bruising to his left knee and further grazing. As a result of the accident, he was forced off work for 1 week, losing earnings in the process.

On the CWU's instruction we wrote to the householder, alleging that as the occupier of the property he owed our client a duty of care under the Occupiers' Liability Act 1957.

The manhole cover was clearly not secured properly, and it was reasonable to foresee that this was a hazard and could cause personal injury to any callers to the house.

After some negotiation we were able to obtain an increase in the defendant's original offer of compensation, closing on a settlement for our client of £4,750.