Question 1

Workers from a water company were digging a hole along the side of a public road for the purpose of repairing a burst water pipe. The road was one which many people use each day. When the workers had finished their work for the day, they put a barricade around the hole and put a flashing light nearby to warn the pedestrians. However, the workers did not cover the hole properly as they were relying on the barricade to prevent people from coming near the hole. Most people walked round the barricade or cross to the other side of the road. Except Mr. Bean. He was blind. He could not see the barricaded hole or the light and tripped into the hole and suffered serious injuries. Would Mr. Bean be successful if he were to sue the water company for negligence? Discuss.

[10 Marks]