Edward McCann is represented by Irwin Mitchell's Personal Injury Team in Glasgow.
Mr McCann was employed to erect traffic signs and road warnings signs to warn of roadworks. He was engaged in doing so on the grass verges adjacent to the M876 in Scotland on the 30th January 2009. Work was being carried out in the early hours of the morning. As he stepped back from placing a large warning sign, he caught his foot in an open and exposed manhole, sustaining ligament damage to his leg.
Irwin Mitchell Solicitors have begun proceedings against BEAR Scotland. BEAR are the organisation responsible for the maintenance of the major truck routes and adjacent verges in Scotland.
Currently the claim is being investigated by BEAR Scotland who have refused to accept responsibility for the accident despite a number of requests by Irwin Mitchell.
However, further investigation has revealed that there are a significant number of instances of exposed manholes, many of which have been there for months. The inspection regime appears to involve an inspector driving along the adjacent motorway and carrying out a visual inspection from the car.
Elaine Russell, Partner from Irwin Mitchell Glasgow states, "Clearly this inspection system is deficient and will be easily distorted by long grass and weeds partially covering the exposed manhole. It appears that the system is far from satisfactory and persistently and regularly fails to pick up on these defects.
"BEAR need to do the right thing and accept responsibility for Mr McCann's accident. People have a right to go to work and not be injured as a result of deficient systems of inspections. It is our hope that this case will highlight the risk, enable a remedy to be found and prevent accidents."
Read more information about personal injury claims in Scotland.
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