Martinez v Brent London Borough Council
Date: 2010-07-07
The Claimant discontinued the claim soon after the Defence was served.
The Claimant suffered bilateral wrist fractures in an accident whilst riding his moped when he went over a sunken manhole cover in the road belonging to Thames Water Utilities Ltd. The Claimant alleged that the sunken manhole cover was dangerous and that the accident was caused by the Defendant’s breach of statutory duty.
Proceedings were issued against the Brent LBC and not Thames Water. We conducted thorough investigations with Thames Water and were able to present a strong defence based on pre/post accident inspections conducted by both Brent LBC and Thames Water which established that the defect to the manhole was not above the Council’s intervention level at the time of the accident and that that a good system of inspection and maintenance was implemented by both the Council and Thames Water.
This case demonstrates the importance of making thorough investigations in respect of liability at an early stage in litigation to avoid the legal expense and burden of proceeding to trial.
