Missing And Broken Drain And Manhole Accident And Injury Claims
By Danielle Jordan. Last Updated 18th September 2023. Welcome to our guide on manhole accident claims and drain accident claims. Slips, trips and falls, as well as other injuries caused by missing drain and manhole cover accidents, are more common than you may think in the UK.
When you go out for a walk or are on your way to work, you expect to be able to walk up and down the pavements without suffering an injury due to a missing manhole cover or a drain that has been left open. However, these accidents and injuries can be common.
Problems can occur when a local authority or other responsible party takes too long to repair a defect in the pavement or when a work crew leave a drain or manhole exposed. The most common injury resulting from this are slips, trips and falls.
You may be entitled to slip, trip and fall compensation if a utility company fails to place guard rails when works are in progress or if they do not replace the manhole or drain cover after works are complete (or between work sessions).
If you’d like to know more about personal injury claims for manhole and drain accidents, you can call us on 0800 073 8804 to start your claim.
Manhole accident claims and drain accident claims
Select a section
- Can I Make A Drain And Manhole Cover Accident Claim?
- Types Of Manhole Accidents
- What Should I Do If I Have A Drain Or Manhole Accident?
- I Was Injured In A Drain Or Manhole Cover Accident – How Much Could I Claim?
- No Win No Fee Slip, Trip, And Fall Accidents
- How Legal Expert Can Help You
- Contact Legal Expert Today To Start Your Claim
- Useful Links
Can I Make A Drain And Manhole Cover Accident Claim?
If you suffered an injury in a manhole accident, you may wonder whether you are entitled to compensation. Generally, the majority of manhole and other covers on our roads belong to the utility companies, such as a water company.
As part of their duty of care towards the public, they need to ensure that these covers do not have serious defects and any required repairs are made in a timely manner. Should you suffer an injury because of a faulty drain cover, you might be able to seek compensation.
However, you will need to meet the eligibility requirements. You must have evidence that proves that:
- A liable party owed you a duty of care.
- This duty was breached.
- You suffered injuries because of this breach.
Limitation Period For Drain And Manhole Cover Accident Claims
You must also file your claim before the time limit expires. This is set by the Limitation Act 1980. Usually, you will have three years from the date of the accident to initiate a personal injury claim.
However, there may be some exceptions to this limitation period. These include:
- Children below the age of 18. In these cases, the time limit is frozen until the injured party turns 18. Prior to this, a court-appointed litigation friend can bring forward a claim on their behalf. However, once they turn 18, they will have three years to begin proceedings if a claim was not made for them already.
- Those without the mental capacity to bring forward a claim themselves. For these parties, a suspension is applied to the time limit lasting until they recover this capacity. While the time limit is suspended, a litigation friend could be appointed to act for them. However, should the injured party recover this capacity, they will have three years from that date to launch a claim if a litigation friend did not act on their behalf.
If you’d like to know more about making manhole accident claims and drain accident claims against the council, you may find the section below of interest.
Types Of Manhole Accidents
There are various ways you could suffer an injury due to a faulty drain or manhole cover. These include:
- Bruising, cuts and lacerations could occur if your clothing catches on a faulty drain cover. This could cause you to trip or a sharp edge may cut you. For example, if part of the drain cover is broken and has a sharp edge.
- Broken bones, such as an arm fracture may occur in a slip, trip and fall if the manhole cover is protruding from the pavement. This can also cause a cycling accident if the manhole is on a cycle lane or in the road. Clear signage could help prevent this type of accident.
- A head injury could occur during a fall from a height. For example, the manhole may not have a cover and not have clear signage warning pedestrians that there is an open hole, resulting in falling down a drain.
To discuss the drain accident that caused your injuries, speak to a member of our team. They can assess whether you have good grounds for a claim and if you do, you could be passed onto one of our No Win No Fee solicitors.
What Should I Do If I Have A Drain Or Manhole Accident?
If you would like to claim, you will need to collect sufficient evidence that proves who had responsibility for the broken drain covers and what injuries you suffered. Some examples of the evidence you could submit include:
- Photographs from the accident scene. For example, the drain cover that caused your injuries may have an indication that it is owned by the water company. Additionally, you could also submit photographs that show the faults.
- Video footage of the accident. For example, you can request CCTV footage of yourself, or a witness may have captured a video on their mobile phone.
- A copy of your medical records stating what type of injury you suffered and the treatment you needed.
- Contact information from anyone who witnessed the accident. Witnesses can give a statement later into the claiming process.
If you have any questions about what evidence you could obtain to support your case, get in touch with one of the advisors from our team for help and free advice.
I Was Injured In A Drain Or Manhole Cover Accident – How Much Could I Claim?
A successful personal injury claim after falling through an open drain cover could result in up to two heads of claim. These are general damages and special damages. General damages is awarded to all successful claimants, and this head of claim covers your injuries and the way they affect your life.
When solicitors and other legal professionals value this head of claim, they can get help from the Judicial College Guidelines (JCG). This is a document that provides guideline settlement brackets for injuries of different severities. Below, you can find some examples of these guidelines taken from the 16th edition of the JCG.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Quadriplegia | Severe | £324,600 to £403,990 | The mid-range of this bracket is appropriate for cases in which the injured person is not in physical pain, has full awareness of their disability, has an expectation of life of 25 years or more, has retained powers of speech, sight, and hearing but needs help with bodily functions. The top end of the bracket will be cases where physical pain is present or where there is a significant effect on senses or ability to communicate. |
| Brain damage | Very severe | £282,010 to £403,990 | In awards to the top end of this bracket, there may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural reflex movement, with little to no evidence of meaningful response to environment. |
| Brain damage | Moderately severe | £219,070 to £282,010 | For very serious cognitive and/or physical disabilities, resulting in a substantial dependence on others and a need for constant care. |
| Brain damage | Moderate (ii) | £90,720 to £150,110 | Final settlement is affected by the injuries effect upon factors such as concentration, cognitive ability, memory and general senses (sight, hearing etc.). Risk of epilepsy will also be taken into consideration. |
| Back injury | Severe (i) | £91,090 to £160,980 | Dependent several factors including, amount of pain, severity of damage and long-term effects. |
| Back injury | Minor (i) | £7,890 to £12,510 | Where a full recovery takes place without surgery. Award will take into consideration the impact of the injuries on the injured person’s ability to work and function in everyday life, as well as the recovery time. |
| Neck injury | Moderate (i) | £24,990 to £38,490 |
Settlement will be dependent upon actual neck damage suffered, loss of movement, pain levels and increased vulnerability to further trauma. |
| Neck injury | Minor (i) | £4,350 to £7,890 |
For soft tissue injuries. Award will be based on the severity of the injury, the extent of treatment required and what timescale a full recovery takes place in. |
| Leg fractures | Less serious (i) | £17,960 to £27,760 | At the top end of the bracket is fractures from which an incomplete recovery is made. The lower end of the bracket will be awarded to simple fractures or soft tissue damage |
| Simple fractures of the forearm | Less serious | £6,610 to £19,200 | Where a substantial degree of recovery has taken place or is expected. |
Please note that the figures shown above are guidelines only, and are not guaranteed.
The second head of claim that you could receive, special damages, addresses your finances and the financial losses you suffer as a result of your injuries. For example, if you broke your leg and need a wheelchair, the cost of this and other mobility aids could be covered by special damages.
Other costs that could be covered by this heading can include:
- Lost earnings.
- Help with cooking and cleaning.
- Nursing care.
- Childcare.
- Prescriptions.
- Over-the-counter medicines.
To claim under this heading, you must be able to provide evidence of your losses. This means that it can be beneficial to keep any receipts or bank statements relevant to your injuries.
For more information on how to claim compensation for a personal injury you suffered due to a drain or manhole, contact our team today.
No Win No Fee Slip, Trip, And Fall Accident Claims
Also known as a conditional agreement, a no win no fee is a contract between you and your solicitor. It means that if you make a claim which is not successful, you won’t have to pay your solicitor for their work. However, if you do win your claim, your solicitor’s fee will be paid by the person or body you are making a claim against. Generally, this will be their insurance company.
We will take you through the no win no fee process and explain how the agreement works in our initial consultations with you.
How Legal Expert Can Help You
Slips, trips and falls, as well as other accidents and injuries, are much more common than many people think. A simple trip or fall caused by a misplaced or broken drain or manhole cover can result in a variety of different injuries. These injuries can range from moderate to severe. Life-changing injuries can prevent people from working for extended periods of time, if not preventing them from working at all.
Our clients choose to work with Legal Expert due to our professionalism and expertise. Our expert team of personal injury solicitors have up to 30 years of experience and are on hand 24/7 to provide you with initial advice and information. They will begin by reviewing your case in an initial no-obligation consultation. This informal talk will help us to establish the basis of your case and whether we think you have a chance of winning. Take advantage of our highly professional compensation claim services on a no win no fee basis. At Legal Expert, we are dedicated to getting you the compensation you deserve.
Contact Legal Expert Today To Start Your Claim
Talk to our solicitors today. You can talk to us by calling 0800 073 8804 and speaking to us directly. Alternatively, you can use our online enquiry form to start your conversation or send us an email about your case.
Useful Links
Slips, Trips and Falls
Information from HSE about slips, trips and falls.
Slip, trip and fall compensation claims
Find out more about how we can help if you have had a slip, trip or fall and need compensation.
NHS- When to visit a walk-in centre
NHS advice on when to visit an urgent treatment centre.
GOV.UK- claiming compensation against the council
Here, you can find more information about the claims process for your local council.
Our guide to claiming following a hip injury.
Our guide to claiming for an accident on a building site.
