Who is Responsible for a Manhole?
A recent Court of Appeals decision considered whether a building owner and its commercial tenant could be liable for injury to a person who tripped and fell on manhole.[1] The concrete manhole was in a planting strip between the city sidewalk and the street. A customer tripped on a piece of broken manhole cover and fell and turned her ankle.[2]
The injured pedestrian filed a personal injury lawsuit, alleging that the city, the building owner, and the commercial tenant “designed, constructed, inspected, repaired, and maintained the sidewalk and parking area for the building…in a negligent and careless manner so that the plaintiff…tripped over a poorly visible hole in a broken manhole cover and fell causing her to suffer serious injuries.”
The commercial tenant and the building owner moved to dismiss, citing the rule that property owners and occupants do not owe a duty to pedestrians harmed on adjoining land merely based on their proximity to the neighboring property. They argued that the injured pedestrian did not identify any of the few exceptions to the rule, that she failed to plead facts supporting a special use exception, and that she failed to plead facts to support any unreasonably dangerous conditions.
The trial court dismissed the building owner and its commercial tenant.
The Court of Appeals reversed. The Court noted that the injured pedestrian alleged that the owner and commercial tenant “negligently designed, installed, and maintained the irrigation system and manhole cover that led to her injuries.”
The Court acknowledged the general rule that “person who is not the owner and is not in control of property is not liable for negligence with respect to that property” but a “person who is not a possessor of the premises” but who “negligently creates a dangerous hazard, may be liable for reasonably foreseeable harm.”
Pedestrian and premises liability cases can be tough, especially if ownership or control over the property is disputed. Contact an attorney if you believe you may have a pedestrian or premises claim.
[1] Our law firm was not involved in this case.
[2] Demaine v. First American Title Ins. Co., No. 37236-7-III (Wash. Ct. App. February 11, 2021).