Hi I posted recently about seeing an accident report & following some of the advice given
on here I was giving a fair amount the information contained within it by TFL/London Overground
& one point stood out that made me raise an eyebrow.
"The root cause of this incident is a combination of wet conditions due to rain and a metal drain
which became slippery as a result. Please be aware that the drain at the station entrance is not
an Arriva Rail London asset and belongs to a third party."
Now it is a manhole cover stamped water & is on their property their point is although it is on their
property & is for their water feed they do not report to the 3rd party that there is an issue with it
nor are they responsible for anyone getting hurt I always thought you were responsible for equipment
on your property. Many thanks for reading this post.
Water manhole cover on TFL/London Overground property.
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- Alexis
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Re: Water manhole cover on TFL/London Overground property.
Hello Dorr.
As far as I am aware, it isn't just as cut and dry that the manhole cover maintenance is the responsibility of the property owner even if the water connection underground is for their own use. Agreements can be made between all parties affected at the outset of installation.
In the first instance, you really have to know whom is the responsible person for any damage and upkeep of the manhole cover. It could be the local Council, the water company with an agreement with the property owner, or even all three.
Contacting the local Council for the area the manhole is in would be the first step to finding out who is the "responsible" person.
I think (if things haven't changed and if I am wrong someone I'm sure will correct me), that if you were to claim against the responsible person, the onesies would be on the injured party to prove them (the responsible person) to have been negligent.
Now personally and only my own personal opinion, I would think if the manhole was in tact, was not wonky, was not broken nor half closed and only wet from the rain, then it may possibly not be seen to have been a danger to the public. I realise it could perhaps be slippery and I don't quite know whether they put non-slip paint or suchlike on manhole covers, so cannot confirm that sorry Dorr. I will try and find Legislation regarding this and put it into this post.
Sorry I cannot be more exact.
As far as I am aware, it isn't just as cut and dry that the manhole cover maintenance is the responsibility of the property owner even if the water connection underground is for their own use. Agreements can be made between all parties affected at the outset of installation.
In the first instance, you really have to know whom is the responsible person for any damage and upkeep of the manhole cover. It could be the local Council, the water company with an agreement with the property owner, or even all three.
Contacting the local Council for the area the manhole is in would be the first step to finding out who is the "responsible" person.
I think (if things haven't changed and if I am wrong someone I'm sure will correct me), that if you were to claim against the responsible person, the onesies would be on the injured party to prove them (the responsible person) to have been negligent.
Now personally and only my own personal opinion, I would think if the manhole was in tact, was not wonky, was not broken nor half closed and only wet from the rain, then it may possibly not be seen to have been a danger to the public. I realise it could perhaps be slippery and I don't quite know whether they put non-slip paint or suchlike on manhole covers, so cannot confirm that sorry Dorr. I will try and find Legislation regarding this and put it into this post.
Sorry I cannot be more exact.
"A candle loses none of its light by lighting another candle."
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Re: Water manhole cover on TFL/London Overground property.
Hi it is within the boundary of the train station & as far as I am aware the council has stated nothing on there belongs to them, also I am not claiming
there is no anti slip paint on it, my argument is if it is in your boundary & on your property then you should report any defect with it
& they have not bothered because it is a third party item.
there is no anti slip paint on it, my argument is if it is in your boundary & on your property then you should report any defect with it
& they have not bothered because it is a third party item.
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Re: Water manhole cover on TFL/London Overground property.
Sorry Dorr. I misunderstood.dorr wrote: ↑Mon Aug 08, 2022 2:26 pm Hi it is within the boundary of the train station & as far as I am aware the council has stated nothing on there belongs to them, also I am not claiming
there is no anti slip paint on it, my argument is if it is in your boundary & on your property then you should report any defect with it
& they have not bothered because it is a third party item.
Short answer is yes they are responsible for the H&S of members of the public.
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