Accidents caused by a drain or a manhole cover can cause severe physical and psychological injuries, including fractures, head trauma, and post-traumatic stress disorder. This impact can bleed into your working life, resulting in long-term lost earnings and other financial losses. If you’ve suffered something similar, our team could help you make a manhole cover compensation claim. To be eligible to claim, you must be able to demonstrate that your injuries were a direct result of a third party’s negligent actions.
At Accident Claims, our team is here to help you through this challenging time and give you the support you need throughout the claims process. Our friendly advisors are dedicated to answering your questions and providing an initial consultation to assess your case. Following this, you could be connected with one of our expert solicitors who can help gather the evidence your claim needs. Operating on a No Win No Fee basis, our solicitors have decades of experience supporting clients with empathy, professionalism, and dedication.
To find out if you can pursue a manhole cover compensation claim with one of our specialist solicitors, please contact our friendly team:
- Call us on 0800 073 8801
- Contact us by filling out our online form
- Use our free live chat feature
4.8 (948 reviews)Frequently Asked Questions
- Who Is Responsible For The Maintenance Of Manhole Covers And Drains?
- Can I Claim Compensation For A Drain Or Manhole Cover Accident?
- Common Examples Of Manhole Cover Compensation Claims
- Potential Injuries Caused By Accidents With Drains Or Manholes
- Drain Or Manhole Cover Accident Compensation
- How Can I Make A Claim For A Manhole Or Drain Accident?
- Why Make Your Manhole Compensation Claim With Accident Claims?
- More Information
Who Is Responsible For The Maintenance Of Manhole Covers And Drains?
Utility companies and water authorities are generally the parties responsible for the maintenance of manhole covers and drains in public spaces. Depending on the location, these obligations could also fall to a local council.
The above parties are known as occupiers when they are in control of a public space, such as a road, and have a duty of care towards your safety under the Occupiers’ Liability Act 1957 (OLA). As per the OLA, occupiers must take practical measures to ensure visitors are reasonably safe on their premises. This may involve conducting regular inspections to ensure that a drain or manhole cover poses no danger and is adequately maintained.
Many manhole covers will be branded with the name of the company responsible for maintenance, but our friendly advisory team is also on hand to help you determine liability for your injuries. Please keep reading our useful guide to learn if you could be eligible to make a public liability claim against a third party.
Can I Claim Compensation For A Drain Or Manhole Cover Accident?
Yes, you could claim compensation for a drain or manhole cover accident if you can prove that the injury you sustained was due to a third party’s negligent conduct. You must therefore fulfil the following eligibility requirements:
- You Were Owed A Duty Of Care By A Third Party
You must have been owed a legal duty of care by a council, utility company, or other third party. As part of their legal obligation, they were responsible for taking reasonable steps to protect your health and safety in your particular circumstances.
- That Duty Of Care Was Breached
You must be able to demonstrate that the duty of care was breached by a third party. This occurs when the responsible party fails to act as a reasonable person or organisation would have done. This may be due to a failure to fix defects in a timely manner or to cordon off an exposed drain or manhole.
- You Suffered An Injury Or Illness Due To A Breach
Finally, the breach must have resulted in you suffering a physical or psychological injury. This harm can range from minor injuries to more serious or long-term conditions, such as paralysis, provided that they are medically recognised.
If all of the above criteria apply to your situation, you may have grounds to make a manhole cover compensation claim. To discuss your eligibility in further detail, please contact our advisory team today.
Common Examples Of Manhole Cover Compensation Claims
The most common examples of drain and manhole cover compensation claims involve slips and trips, often caused by defects, the absence of barriers, or missing warning signs.
Raised Manhole Covers
If raised or missing manhole covers are not identified or fixed within a reasonable timeframe, they can pose severe tripping hazards to members of the public on walkways, pavements, and roads. As an example, the local council lacks a regular inspection schedule for the manholes it is responsible for maintaining. This leads to a dog walker tripping and falling onto a loose cover, rupturing their Achilles tendon.
Open Manholes
If a manhole is left open without a cordon or barriers, it can lead to severe accidents. For instance, a pedestrian walking in the evening fails to notice an open manhole. This results in a serious fall, leaving them with fractures or a twisted ankle.
Collapsed Drains
A utility company fails to repair a collapsed drain or erect barriers to cordon it off from members of the public. This leads to a cyclist falling into the unmarked opening, breaking their leg.
Rusted Manhole Covers
The local authority identifies an old, rusted manhole cover during a routine inspection and determines that it poses a tripping hazard. However, repairs are delayed for several months, resulting in the cover giving way under a pedestrian’s weight. The ensuing fall breaks several of their bones.
To discuss your personal experience with one of our advisors and explore your options for claiming, please get in touch today.
Potential Injuries Caused By Accidents With Drains Or Manholes
Injuries from drain or manhole accidents can vary widely, but often involve fractures and broken bones. Please see the following examples of the most common injuries that can be caused:
- Head injuries, including concussions, scalp cuts and skull fractures
- Neck injuries, such as fractured vertebrae, pinched nerves and sprains
- Back injuries, like soft tissue injuries, herniated discs, and spinal damage
- Paralysis injuries, including paraplegia and quadriplegia
- Cuts and lacerations
- Injuries to internal organs
- Leg and ankle injuries, like sprains and damage to tendons
- Psychological injuries, encompassing post-traumatic stress disorder (PTSD), anxiety, and depression
Please note that the above list is not exhaustive, and manhole accidents can have varying physical and psychological consequences. To discuss your own injuries confidentially with one of our advisors, please contact us today.
Drain Or Manhole Cover Accident Compensation
If your manhole cover compensation claim is successful, you will receive a payout for the physical and psychological effects of your injury. This is covered under general damages, a head of claim that typically take into account the following factors:
- The severity of your injuries
- The length of your recovery period
- The impact on your quality of life
- The effect on your daily activities
Furthermore, your general damages may be calculated by a solicitor using the Judicial College Guidelines (JCG). This publication is beneficial for legal professionals who value compensation claims, as it provides compensation guidelines for many different injuries.
All entries in the table below, apart from the first figure, have been taken from the JCG. Please be aware that they are merely guidelines and do not guarantee how much you could receive.
| Injury | Notes | Compensation |
|---|---|---|
| Multiple Severe Injuries with Financial Losses | More than one form of serious injury with special damages such as travel expenses, lost earnings, and medical costs. | Up to £1,000,000+ |
| Very Severe Brain Damage | The level of award will be affected by the extent of physical limitations and sensory impairment. | £344,150 to £493,000 |
| Moderately Severe Brain Damage | The level of the award will depend on the ability to communicate and any significant risk of epilepsy. | £267,340 to £344,150 |
| Severe Neck Injuries (i) | Neck injuries with incomplete paraplegia with little to no movement in the neck, despite wearing a collar. | In the region of £181,020 |
| The Most Serious Injuries Short of Amputation (i) | Some injuries may include extensive degloving of the leg or extensive bone grafting. | £117,460 to £165,860 |
| Severe Knee Injuries (i) | Serious knee injuries with lengthy treatment, severe pain and a loss of function. | £85,100 to £117,410 |
| Very Severe Ankle Injuries | Such as bilateral ankle fractures resulting in degeneration of the joints at a young age. | £61,090 to £85,070 |
| Most Serious Achilles Tendon Injuries | Causing severance of the tendon causing swelling, cramp and a restriction of movement. | In the region of £46,900 |
| Moderate Back Injuries (ii) | The disturbance of muscles and ligaments, resulting in backache. | £15,260 to £33,880 |
4.8 (948 reviews)Special Damages In Manhole Cover Compensation Claim
You may also be eligible to receive special damages as part of your manhole cover compensation claim payout if your injuries affected you financially. For instance, you may have paid for physiotherapy sessions out of your own pocket to aid serious leg injuries.
Please see the following examples of special damages that you could include in your claim:
- Loss of earnings, encompassing current and future income, bonuses, overtime pay, and workplace benefits.
- Medical expenses, such as private medical consultations and prescriptions.
- Recovery costs, such as physiotherapy and ligament supports.
- Home modifications, encompassing new doors, hoists, chairlifts and ramps to accommodate permanent injuries.
- Fuel or public transport costs from travelling to and from medical appointments.
- Care, such as professional help with cleaning, cooking, nursing, and dressing.
Crucially, you must be able to support any special damages with evidence, including receipts, payslips, and invoices.
For more information about special damages, please get in touch with one of our friendly advisors today.
How Can I Make A Claim For A Manhole Or Drain Accident?
To make a claim for a manhole or drain accident, you must be able to provide evidence of your injuries and how a third party was at fault for them. For instance, you could support your claim with the following proof:
- A copy of your medical records detailing the injuries you suffered.
- CCTV footage of the incident. You have a legal right to request CCTV footage of yourself.
- A copy of an accident report form from the place you were injured.
- Photographs or videos of injuries, or of the manhole/drain. You can also use a ruler or other measuring tool to show the dimensions and height of the defect.
- Contact details of potential witnesses who could provide a supporting statement at a later date.
In addition to gathering evidence, you must also be aware of the time limits. As per the Limitation Act 1980, you generally have 3 years from the date of the accident to start your manhole cover compensation claim. To learn more about time limits, please read our helpful guide on limitation periods in personal injury claims.
For more tailored guidance on the time limit, please contact our team today.
Why Make Your Manhole Compensation Claim With Accident Claims?
You should make your manhole compensation claim with Accident Claims because our advisors and solicitors deliver a comprehensive, personalised service from start to finish. Following a free eligibility assessment, you can be connected with one of our specialist No Win No Fee solicitors. They will prioritise your needs throughout and can offer the following benefits:
- Regular claim updates so you always know where your manhole compensation claim stands.
- Explanations of legal jargon and terms to give you a full understanding of the claims process.
- Putting you in contact with physiotherapists and counsellors to support your ongoing recovery.
- Arranging an independent medical assessment to assess the injuries you sustained in the manhole accident.
- Help with evidence-gathering, such as obtaining CCTV footage and your medical records.
Our experienced solicitors operate under a Conditional Fee Agreement (CFA), which ensures they provide legal representation without charging any immediate or ongoing service fees. They also do not charge these fees for their work if a claim is lost.
If your case does win, you’ll be required to pay a small success fee to your solicitor. Please be aware that the percentage of this fee is legally capped and will be taken from your manhole accident compensation. Thanks to this cap, the largest share will stay with you.
Contact Us Today
To start your manhole cover compensation claim today or get prompt answers from our advisory team, please feel free to contact us:
- Call us on 0800 073 8801
- Contact us by filling out our online form
- Use our free live chat feature
More Information
For more information on personal injury claims, please refer to some of our other guides:
- Get help with lift and escalator accident claims
- See the following advice on elbow injury compensation claims
- Learn about funfairs and fairgrounds accident claims
Additional external resources:
- Learn how to find your local council at Gov.UK
- Get help with when to call 999 from the NHS
- See the following advice from the Health and Safety Executive (HSE) on slips and trips
Thank you for reading our useful guide on how to make a manhole cover compensation claim.
