if there was an exposed manhole cover in the grass at a restaurant...and it was improperly exposed and caused an injury...who is at fault?

local gov or the restaurant?

thanks

Probably whoever took the cover off.

Or whomever wasn't paying attention to where they were walking.

Does the restaurant own the property or do they have a lease? Some place like Century Square or one of the big plazas where there is an anchor store (HEB, Home Depot, Kroger, even a Kohl's) and several smaller stores and restaurant, that property is usually owned and maintained either by the anchor store or by a company that owns the plaza and leases to all of the businesses there.

In that case check the appraisal district website in that county for the owner info.

agnerd said:

---

Probably whoever took the cover off.

---

cover wasnt off. it just wasnt sitting flush with the ground. its sitting up about 8 inches with no concrete sloping down.

maroon barchetta said:

---

Does the restaurant own the property or do they have a lease? Some place like Century Square or one of the big plazas where there is an anchor store (HEB, Home Depot, Kroger, even a Kohl's) and several smaller stores and restaurant, that property is usually owned and maintained either by the anchor store or by a company that owns the plaza and leases to all of the businesses there.

In that case check the appraisal district website in that county for the owner info.

---

its stand alone Mexican Restaurant chain.

96ags said:

---

Or whomever wasn't paying attention to where they were walking.

---

I dont think this is accurate.

but I am no expert.

I'm sure Thomas J Henry could figure it out.

gigemJTH12 said:

---

agnerd said:

---

Probably whoever took the cover off.

---

cover wasnt off. it just wasnt sitting flush with the ground. its sitting up about 8 inches with no concrete sloping down.

---

Then probably the person that was walking in the grass instead of the designated side walk that leads from the parking lot to the door.

Manhole covers are not placed by a business, so it's not their legal responsibility. They are placed by the city/county.

Good luck suing them. You can try, but it's a long shot.

I tend to agree with the other poster, personal responsibility is the key.

Sounds like you need someone who is willing to really hammer these guys.

Manhole could be private or public. It could be installed per the requirements thereof.

Sounds like I would contact the property owner/lease holder/restaurant first.

or take responsibility for having too many margaritas, not watching where walking/playing etc.

What kind of injury are we talking about here?

tamc93 said:

---

Manhole could be private or public. It could be installed per the requirements thereof.

Sounds like I would contact the property owner/lease holder/restaurant first.

or take responsibility for having too many margaritas, not watching where walking/playing etc.

---

This is correct. The manhole could be privately owned and maintained by the property owner or it could be publically owned and maintained by the City / water district / etc. The only way to know for sure is to look at maps of the public utility system or perhaps record drawings of the construction plans for when that particular development was constructed. Somewhere there is a "split" in the system between public owned and privately owned.

thanks guys. I got my questions answered.

gigemJTH12 said:

---

96ags said:

---

Or whomever wasn't paying attention to where they were walking.

---

I dont think this is accurate.

but I am no expert.

---

Oh, I'm sure you're right. It's always somebody else's fault in today's world.

Not a plaintiff lawyer but answer they'd give: sue everyone potentially liable and let insurance carriers sort it out.

ThunderCougarFalconBird said:

---

Not a plaintiff lawyer but answer they'd give: sue everyone potentially liable and let insurance carriers sort it out.

---

that is also F84's typical response...no personal responsibility.

gigemJTH12 said:

---

thanks guys. I got my questions answered.

---

Why was the person walking in a grassy area not meant for foot traffic? What happened? Just a trip and busted shin? Broken ankle?

4 year old...hit forehead on it. big open gash.

the grassy area was about 10 ft from the outdoor play area they have.

And it's someone else's fault? This is a great time to teach the kid to stay where he was supposed to be or even teach him to be careful around stuff.

ETA - I have 3 younger boys so I'm not clueless on how young boys are

Charlie Murphy said:

---

Sounds like you need someone who is willing to really hammer these guys.

---

With a big hammer. A Texas sized hammer, perhaps?

Sweet Baby Jessica McClure would like a word.

The Anchor said:

---

And it's someone else's fault? This is a great time to teach the kid to stay where he was supposed to be or even teach him to be careful around stuff.

ETA - I have 3 younger boys so I'm not clueless on how young boys are

---

I literally just asked..I dont disagree with yall.

its why I asked

I suspect an attorney will know more than the OB in this particular case.

WC87 said:

---

Sweet Baby Jessica McClure would like a word.

---

This reminded of of that story. I was but a wee lad but didn't realized all of the lives destroyed after this crazy stuff.

Stay off the grass!

man that sucks....someone could get seriously injured.

SMM48 said:

---

man that sucks....someone could get seriously injured.

---

my sons body braced his fall for the most part and then his head hit after. or could have been the absolute worst. makes me sick to think about.

Son? that's even worse.

playing in the grass somewhere and a few bites from fire ants, I get. (church for us this past Sunday)

Manhole cover? cmon man.

gigemJTH12 said:

---

4 year old...hit forehead on it. big open gash.

the grassy area was about 10 ft from the outdoor play area they have.

---

ugh. hurts the heart.

Hurt 4 year old kid and the hazard was 10 feet from a playground.

I know this board doesn't care for the litigious option but this is a situation where OP really needs to get in contact with a good plaintiff PI lawyer.

PI Lawyer will take it from there for things like knowing who to sue and trying to prove who is at fault.

If you do nothing, you're tacitly condoning leaving a hazard like that in place for the next unfortunate kid.

Can we see a picture of the improperly exposed cover?

ThunderCougarFalconBird said:

---

Hurt 4 year old kid and the hazard was 10 feet from a playground.

I know this board doesn't care for the litigious option but this is a situation where OP really needs to get in contact with a good plaintiff PI lawyer.

PI Lawyer will take it from there for things like knowing who to sue and trying to prove who is at fault.

If you do nothing, you're tacitly condoning leaving a hazard like that in place for the next unfortunate kid.

---

Or you could just replace the cover properly.

96ags said:

---

ThunderCougarFalconBird said:

---

Hurt 4 year old kid and the hazard was 10 feet from a playground.

I know this board doesn't care for the litigious option but this is a situation where OP really needs to get in contact with a good plaintiff PI lawyer.

PI Lawyer will take it from there for things like knowing who to sue and trying to prove who is at fault.

If you do nothing, you're tacitly condoning leaving a hazard like that in place for the next unfortunate kid.

---

Or you could just replace the cover properly.

---

Unfortunately, "just do it right next time" isn't exactly good motivation for a large portion of the population.