What New Yorkers Need to Know About Open Manhole Liability 

A woman was tragically killed after she fell into an open manhole on Fifth Avenue in New York City. The woman was not at a construction site. Instead, she stepped out of her car and plunged about 10 feet. There were no warning signs or barriers to prevent her death.    

There are close to 700,000 manhole covers across New York City’s five boroughs. Roughly half of these are maintained by the New York City Department of Environmental Protection (DEP), while the rest are maintained by multiple utility companies, including Con Edison.    

When these maintenance openings are not secure, especially in the country’s busiest city, pedestrians are at risk of catastrophic injuries or wrongful death.    

Your Legal Rights  

The rules for pursuing a claim depend on who owns the manhole. Claims against private utility companies, like Con Edison, are governed by utility liability law. These companies have a duty to secure manholes after any work or disturbance, promptly replace damaged covers, maintain properly insulated electrical infrastructure, and warn the public when hazards exist. Claims against the DEP, as a city agency, fall under municipal liability law, which involves different procedures and stricter notice requirements.  

In either case, these entities have legal obligations to keep the public safe, and when they fail, injured parties and families of those who have died can pursue legal claims for wrongful death, personal injury, and related damages.   

The attorneys at Napoli Shkolnik have spent decades representing New Yorkers harmed by corporate and municipal negligence. If you or a loved one has been injured by an open manhole or any related hazard, contact us today.