A MAN who fell into a rain-filled hole on a busy Bolton road was found drowned -- two days later.

Engineer Martin Hartigan is believed to have knocked himself unconscious when he fell into the 6ft deep hole as he walked home from his local pub.

And today the BEN can reveal that the family of the 44-year-old father of two is considering legal action against United Utilities, the company responsible for the work.

His heartbroken brother, Derek, believes more safeguards should have been in place at the scene of the tragedy in Crompton Way, Bolton. The family is now campaigning to ensure a similar accident never happens again.

A Bolton inquest heard that Mr Hartigan, of Chevington Gardens, Astley Bridge, had an alcohol level three times more than the legal drink-drive limit when he left the Bolton Castle Pub in Tonge Moor Road on Sunday October 29 last year.

PC Steven Almond told the inquest that he saw a man, he thought was Mr Hartigan, walking along Crompton Way at 7.30pm. He appeared to be drunk and he was holding a can of lager. Forensic pathologist Dr John Rutherford told yesterday's inquest that it was "highly likely" Mr Hartigan drowned after knocking himself unconscious. Tests showed a drug he was taking to combat his alcohol problems was present in his blood. It is thought to have affected his alcohol level.

The inquest was told the hole, which was filled with rainwater after recent downpours, was dug up to repair a burst water main.

The body of Mr Hartigan was found two days after he fell into the hole -- despite a workman visiting the site a day earlier.

United Utility worker Paul Marsh said he only saw pipes when he stopped to randomly check the site.

Two shocked workmen discovered the body the next day as they arrived to continue work. Mr Hartigan was fully clothed and face down with one of four safety barriers on top of him.

All Mr Hartigan's belongings were intact. A can of super strength lager was found by the roadside. Police have ruled out any suspicious circumstances.

But the inquest heard conflicting reports of the levels of security fencing surrounding the pit. Mr Hartigan's family claim not enough was done to protect the public from falling into the hole. It was first excavated on October 19 -- and should have been completed after three days.

United Utilities had contracted the work out to ARM Services which in turn sub-contracted the work to PR Utilities.

Workmen returned on Monday, October 23, to make the hole bigger using an excavator, but two barriers were found to have been thrown into a river. The inquest heard they were returned to the site.

United Utilities contract manager Kenneth Marsh told the inquest: "We don't supervise contractors just ensure safety regulations are known about. The fact that the hole was not greater than two metres deep suggests that we did not have to put plates over it or back fill it."

Mr Marsh said a number of procedural changes had been put in place after the incident, including the creation of an in-house working group, an update of the monitoring system and regular checks of stock levels.

Recording a verdict of accidental death, Bolton's Coroner Aidan Cotter said: "I am satisfied that he drowned in the water in this excavation. It is probable that he was unconscious at the time."

Mr Hartigan's brother Derek, issued a statement on behalf of his family after the inquest. He said: "Following the outcome of this inquest we will seek legal advice with a view to starting legal proceedings against whoever is responsible." He was a hard-working man who had lots of friends. He was trying to rectify his life but now will never be able to.

"It is the feeling of the family that more should have been done to protect and cover up a hole like this -- both for now and to prevent further cases like this in the future."

A United Utilities spokesman said last night: "The decision has been reached by the coroner and we have no other comment to make."