What Happened in the Trigen-Philadelphia Manhole Cover Case Case?

The City of Philadelphia had a long-standing issue with unhoused people removing manhole covers to seek shelter. Labeled “homeless hotels,” manholes were safe havens from the bitter cold and unpredictable elements in the area. As far back as 1995, reports of unhoused people being found in or near open manholes. In 2004, an employee of Trigen-Philadelphia instructed his crew to tak-weld the grating that had been open in mid-January.

With multiple cases of manhole covers and grating being removed by unhoused people, Trigen-Philadelphia acknowledged the hazards, but rested on the fact that they couldn’t control unlawful tampering of their 475 manholes throughout the city.

The case went to trial, with Trigen-Philadelphia pledging to give Gustafsson at least $1 million, no matter what the jury decided.

In 2008, the jury came back with a verdict that awarded Marcus Gustafsson a whopping $85 million for his injuries and losses.

However, both parties negotiated terms and agreed on a settlement of $18 million, so both sides could avoid the appeals process.

Did the Trigen-Philadelphia Manhole Cover Case Change Anything?

Yes. Gustafson v. Trigen-Philadelphia set a legal precedent for corporate negligence and premise liability for preventable dangers. Companies like Trigen-Philadelphia have a duty of care to secure infrastructure for known hazards. These days, you can report manhole covers in Philadelphia by calling the City of Philadelphia or 3-1-1.

What Made the Manhole Cover Lawsuit Unique?

Gustafsson v. Trigen-Philadelphia was considered the largest personal injury verdict of 2008 in the United States. Additionally, the company took responsibility for not covering the manhole, yet the case went to trial due to the company claiming that they were unable to prevent the injury to Gustafsson because unhoused people unlawfully opened the manhole cover.

Other Sources

Man Gets $18M for 20-Foot Fall Through Manhole
Man gets $18 million for 20-foot fall through manhole | 6abc Philadelphia | 6abc.com – 6abc Philadelphia
Uncovered: Manholes Exposed | ABC7 Chicago | abc7chicago.com – ABC7 Chicago
Man gets $18 million for 18-foot fall into open Center City manhole

Frequently Asked Questions About Gustafsson v. Trigen-Philadelphia

Marcus Gustafsson feel down an open manhole in 2004 and sustained severe injuries. He was unable to return to medical school.

A jury awarded him $85 million dollars, but the two parties reached an $18 million settlement to avoid appeals.

Trigen-Philadelphia argued that an unhoused person unlawfully removed the manhole cover that Marcus Gustafsson fell down.

When Marcus Gustafsson fell down the manhole cover in Philadelphia, he sustained severe injuries, including a burst spinal fracture.

In a statement to Action News, Trigen-Philadelphia stated:

“Despite our comprehensive safety and inspection efforts, there have been rare instances of unlawful tampering with manhole covers by third parties over the course of Trigen-Philadelphia’s twenty year operating history. The need to maximize public safety by enabling our personnel to gain entrance to manholes during an emergency must be balanced against measures to minimize the risk associated with rare instances of tampering. The case involving Mr. Gustafsson was an extremely unfortunate accident and we extend our sympathies to him and his family. We are committed to evaluating our existing protocols and minimizing the risks to the general public, while also weighing any additional security measures against the ability to quickly access our system during an emergency response incident.”