If you have been injured by a defective, displaced, raised, sunken or missing manhole cover in the UK, you may be able to claim compensation. Liability typically falls on the highway authority (local council) or the utility company that owns the cover. The council has a duty under Highways Act 1980, s.41 to maintain the highway in a safe condition, and utility companies must ensure their covers are safe. You normally have three years to bring a claim.
Manhole covers, drain covers, inspection chambers and utility access points are everywhere — in roads, pavements, footpaths and car parks. When one is raised, sunken, cracked, loose or missing, it becomes a serious trip hazard that can cause painful and debilitating injuries. This guide explains how manhole cover injury claims work and who is responsible. We are an independent information service, not a law firm.
Who is liable?
Multiple parties may be responsible:
- Highway authority (council). Has a duty under Highways Act 1980, s.41 to maintain the highway. This includes ensuring covers on the highway are safe.
- Utility companies. Water, gas, electricity and telecoms companies own many covers for access to their underground infrastructure. They are responsible for maintaining their own covers.
- Contractors. If a cover was recently disturbed by roadworks and not properly reinstated, the contractor may be liable.
- Private landowners. For covers on private land (car parks, commercial premises), the occupier is responsible under the Occupiers' Liability Act 1957.
Types of manhole cover hazard
| Defect | Risk |
|---|---|
| Raised or proud cover | Trip hazard for pedestrians; can snag bicycle wheels |
| Sunken cover | Trip or stumble hazard; pooling water in wet weather |
| Cracked or broken cover | Collapse risk under weight; sharp edges |
| Missing cover | Fall-into hazard; extremely dangerous |
| Loose or rocking cover | Unexpected movement causing loss of balance |
| Eroded surround | Gap between cover and frame; trip hazard |
Proving negligence
For claims against the council, you must show the highway was not maintained to a safe standard. The council may rely on the s.58 defence: that it had a reasonable system of inspection and maintenance and the defect was not detected. Your solicitor will request the council's inspection records, defect reports and repair logs for the area. If the defect was reported before your accident and not repaired, the s.58 defence is likely to fail. If the defect should have been identified during a routine inspection, the defence may also fail.
For claims against utility companies, the focus is on whether the company knew or should have known about the defect and failed to repair it. NJUG (National Joint Utilities Group) guidelines set standards for reinstatement.
Evidence: photograph the defect immediately with a ruler or coin for scale, note the precise location, and report it to the council and utility company. Keep records of any medical treatment.
Compensation
Common injuries include broken wrists, ankle fractures, knee injuries, hip fractures (especially in elderly claimants), head injuries from falls, and facial injuries. General damages are assessed under JCG 17th edition (2024). Special damages cover lost earnings, treatment, mobility aids, care and other losses.
Time limits
Three years from the injury date (Limitation Act 1980). For children, three years from age 18.
Reporting and evidence
If you are injured by a defective manhole cover, taking prompt action to preserve evidence significantly strengthens your claim:
- Photograph the defect immediately, ideally with a ruler, coin or foot for scale showing the height difference or gap. Photograph from multiple angles.
- Note the precise location including the street name, the nearest property number and which side of the pavement or road the cover is on.
- Identify the owner. Manhole covers often have markings indicating the utility company (e.g. “BT”, a water company logo, or “gas”). Note any markings.
- Report the defect to the local council and, if identifiable, to the utility company. Report online or in writing so there is a dated record.
- Seek medical attention promptly and keep all records.
- Check for previous reports. Your solicitor can submit a freedom of information request to the council for inspection records, defect reports and any previous complaints about the same cover.
The condition of a defective manhole cover can change quickly — councils and utility companies may repair it after a report. If the defect is photographed before repair, it becomes much harder for the defendant to dispute its existence or severity.
Getting help
We are not a law firm. For a personal injury solicitor, use the Law Society “Find a Solicitor” service. Most claims run on a no-win-no-fee basis.
Frequently asked questions
Can I claim for tripping over a manhole cover?
You may be able to claim if the manhole cover was defective, displaced, raised, sunken or missing, and the body responsible for maintaining it failed to take reasonable care. The claim is typically against the highway authority (the council) or the utility company that owns the cover.
Who is responsible for manhole covers?
It depends on who owns the infrastructure beneath. Water companies, gas companies, telecommunications providers and electricity distributors each own covers for their services. The highway authority has a general duty under the Highways Act 1980, s.41 to maintain the highway, but the utility company may be responsible for the cover itself.
What is the council defence?
Under Highways Act 1980, s.58, the council can defend a claim by showing it had a reasonable system of inspection and maintenance. If the council can prove it inspected the area at reasonable intervals and the defect arose between inspections, the defence may succeed. The frequency and quality of inspections are key.
What makes a manhole cover dangerous?
Hazards include covers that are raised above or sunken below the surrounding surface, cracked or broken covers, missing covers, loose or rocking covers, and covers with eroded or slippery surfaces. Even a difference of 20-25mm between the cover and the surrounding surface can cause a trip.
How do I prove negligence?
Photograph the defect immediately if possible, including a ruler or coin for scale. Note the location precisely. Check whether there are any markings showing which utility company owns the cover. Report the defect to the council and the utility company. Your solicitor can request inspection records to see whether the defect should have been identified and repaired.
How long do I have to claim?
Three years from the date of the injury. Standard limitation rules under the Limitation Act 1980.
What compensation could I receive?
Compensation depends on the injury severity. Common injuries include broken wrists from falling, ankle fractures, knee injuries, hip fractures (especially in elderly claimants), and head injuries. General damages are guided by the JCG (17th edition, 2024). Special damages cover lost earnings, treatment and other losses.
Can I claim if I was driving and a manhole cover damaged my car?
If a manhole cover failed or was displaced causing damage to your vehicle or injury to occupants, you can claim against the responsible body. This may be the highway authority, the utility company, or a contractor who recently worked on the cover.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
- GOV.UK — courts, time limits and legal aid information
Related guides: pothole injury claims, claiming against a council, slip and fall claims, public liability claims, how compensation works.