What can I do if I am injured after stepping into an open manhole?
My daughter stepped into an open manhole while walking down a city street after dark. She sustained non-life-threatening injuries and also broke her cell phone, which she was not using at the time. We asked the city to pay for a new cell phone and they refused, claiming that they were not negligent. The manhole cover had apparently been stolen, probably as a prank. The street was near a major college campus. It seems that in a college environment where pranks are common, the city should especially ensure that these covers are not so easily removed. We have several witnesses, and photos of her injuries. What can we do?
Comment on JudyKayTee's post
The injuries consisted of scrapes/bruises on both legs. They've healed, with minor scarring. She took pictures of her injuries. She was carrying the cell phone in her hand, but not using it. We were simply trying to be reasonable in asking for compensation only for the cell phone. The manhole was on the sidewalk near the curb. A parked truck blocked the street lighting. I would guess that the cover had been taken within the previous 24 hours, but manhole cover theft has become a serious problem in most cities, not just from pranks, but mostly from metal scrappers. That, and the fact that locking covers are available, leads me to believe that they should anticipate theft and do everything they can to prevent it. A resident of the neighborhood placed a chair over the manhole immediately after the incident, and the cover was replaced within a couple of days. She followed the city's protocol in filing the claim with the legal department. It was in Indiana.