Falling down a drain can result in severe, life-changing injuries in some circumstances, which can have detrimental impacts on your daily life. Depending on your injuries, it might now be challenging to perform daily activities like getting dressed, going to work or even driving, leading to a disrupted routine and increased levels of stress and anxiety. Oftentimes, the physical injuries you sustain can be worsened by rising financial worries. However, with the correct support, eligible parties could seek compensation in drain accident claims, which encompass not only the physical and psychological harm, but also any incurred financial losses.
At a time when your recovery should take priority, you do not have to face these worries alone and can rest assured that by working with Accident Claims, you will have support through every stage of the claim. If you’d like a free case consultation, you can get in touch with our advisors using the details below. They can discuss the options available to you, obligation-free.
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- I Fell Down A Drain, Can I Claim Compensation?
- What Injuries Could Falling Down A Drain Result In?
- Examples of Accidents That Lead to Drain Claims
- Case Study £90,000 Payout For Falling Down A Manhole Drain
- How Much Compensation For Falling Down A Drain?
- Can Other Damages Be Covered In Drain Accident Claims?
- How Can I Prove Someone Else Was Liable For My Fall?
- What Is The Time Limit For Drain Injury Claims?
- Get Help From Accident Claims After Falling Down A Drain
- Learn More
I Fell Down A Drain, Can I Claim Compensation?
Yes, you can claim compensation after falling down a drain if it can be shown that this occurred as a result of someone else’s negligent actions or inactions. In order to demonstrate this, we must show:
- You were owed a duty of care
- This duty was breached
- You suffered injuries following this breach
The first point of contention is establishing that you were owed a duty of care, which is a legal obligation owed to you by another party.
In a situation where you’ve been injured by falling down a drain, typically, we can assume that this occurred in a public place. Therefore, under the Occupiers Liability Act 1957 (OLA), as a visitor, you are owed a duty of care from the organisation or person responsible for that premises. This duty of care means that legally, the person responsible for the drain should ensure that it is reasonably safe.
To uphold the duty under OLA, those responsible can take practical steps to avoid injury; this can extend to regular risk assessments, inspections or signposting potential hazards.
To further discuss drain accident claims eligiblity, speak to an advisor today. They can review the incident that caused your injuries and advise on whether your claim is strong.
What Injuries Could Falling Down A Drain Result In?
Falling down a drain could result in a range of injuries, including fractures, lacerations or even more severe injuries such as brain damage or spinal injuries.
Drain accident claims can be made for injuries such as:
- Broken bones
- Soft tissue injuries such as ligament or tendon damage
- Spinal cord damage which could lead to long-term paralysis
- Head or brain injuries
- Lacerations
- Infection if exposed to contaminated waste or water
This list is not inclusive of all the different types of injuries that might be sustained in a drain accident claim so if you’d like to discuss your own circumstances, please get in touch with us today.
Examples of Accidents That Lead to Drain Claims
An example of an accident which could cause drain accident claims could occur if you walk on a weakened and poorly-maintained manhole cover which causes your foot to collapse and you sustain a broken ankle as a result.
Additionally, there are many examples of accidents that might lead to a drain claim, including if:
- You slip, trip and fall due to an uneven manhole cover which isn’t level with the ground surface. Subsequently, you sustain a broken leg which puts you out of work for two months.
- Utility workers fail to properly secure a drain, and have not cordoned the area off. You fall into an open manhole, resulting in a fractured arm and soft tissue injuries.
These examples are by no means exhaustive, and only offer an illustration of how an accident might arise. If you’d like to discuss the circumstances of your own accident, please get in touch with us today.
Case Study £90,000 Payout For Falling Down A Manhole Drain
Below, we explore an example case study*, involving Mr J, who suffered a number of injuries after falling down a manhole drain cover. Mr J often visited a local public park for his morning walk. He often passed several drains and manhole covers, and had noticed weeks prior that one of the drain covers was poorly-maintained, and not level with the ground. This defective manhole cover had previously been reported to the water company on multiple occasions.
When walking one day, Mr J forgot about the defective drain cover, and stepped on it. As a result, his foot became jammed in the manhole cover, causing him to trip and fall. Mr J sustained a broken leg and sprained ankle following this, which left him out of work for a number of months.
While recovering, Mr J contacted a solicitor who agreed to support his claim on a No Win No Fee basis. The water company admitted liability and settled out of court. Mr J was awarded £90,000 in compensation for his injuries and financial losses.
To explore making your own claim, please get in touch with our advisory team today to learn more.
How Much Compensation For Falling Down A Drain?
The amount of compensation awarded for successful drain accident claims will depend on the type of injuries sustained, as well as the severity and wider impact it had on the individual claimant’s life.
Additionally, compensation can encompass two distinct heads of claim, called general and special damages. General damages aim to compensate you for the physical and psychological harm caused by your accident. This differs from special damages as this is compensation for the financial losses incurred as a result of your injuries.
When these damages are being valued, professionals can take into account the extent of pain and suffering you have experienced, as well as any loss of amenity. Moreover, professionals can use frameworks such as the Judicial College Guidelines (JCG) when calculating general damages; this document offers categories of injury types, and provides guideline brackets of compensation.
Below, we have provided a table of figures taken from the JCG, to show suggestive payouts for injuries that could be sustained in a manhole accident claim. Please be aware that the first figure in our table has not been taken from the JCG, and that these figures are guidelines only, and not a guarantee of compensation. For a better estimate of how much compensation you could claim based on your circumstances, please speak to an advisor.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple Severe Injuries + Special Damages | Various Serious Injuries and Special Damages such as loss of income, professional care costs and medical expenses | Up to £1,000,000+ |
| Paralysis | Tetraplegia (also known as Quadriplegia) - impacted sensory awareness or on the ability to communicate | £396,140 - £493,000 |
| Paralysis | Paraplegia - the increased risk of further paralysis can affect the award | £267,340 - £346,890 |
| Head/Brain Damage | Very Severe - little if any meaningful response to immediate environment, and some limited ability to follow commands | £344,150 - £493,000 |
| Head/Brain Damage | Moderately Severe - very severe disablement, substantial level of dependence on others and a need for professional care | £267,340 - £344,150 |
| Back Injury | Severe (i) - damaged spinal cord or nerve roots, causing serious pain and disability | £111,150 - £196,450 |
| Back Injury | Moderate (i) - crush or compression fracture of the lumbar vertebrae | £33,880 - £47,320 |
| Leg Injury | Less Serious (i) Fractures From Which an Incomplete Recovery is Made or Serious Soft Tissue Injuries - impaired mobility, sensory loss or an exacerbation of a pre-existing disability | £21,920 - £33,880 |
| Neck Injury | Moderate (ii) - permanent and recurring pain, and stiffness or discomfort | £16,770 - £30,500 |
| Neck Injury | Moderate (iii) - an injury which may have accelerated or exacerbated a pre-existing condition | £9,630 - £16,770 |
Can Other Damages Be Covered In Drain Accident Claims?
Yes, other damages can also be covered in drain accident claims, namely any financial losses caused by your accident. These special damages could include:
- Loss of earnings: whether this be current, or future earnings, these can be calculated and reimbursed under special damages. Additionally, if your injuries have affected your employment prospects, this can also be taken into account.
- Medical costs: reconstructive surgeries, prescriptions or any other associated medical expenses can be claimed back.
- Care costs: if you now require professional or gratuitous care, this type of care can be costly and can be valued within special damages.
- Rehabilitation or recovery: rehabilitative therapies such as therapy or physical therapy to aid in your mobility can also be quantified and claimed back.
As well as the above, you could be reimbursed for miscellaneous costs such as travel expenses, or any adaptations to your home or vehicle. To learn more about what can be claimed under special damages, please get in touch with our advisors today.
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How Can I Prove Someone Else Was Liable For My Fall?
In order to prove that someone else was responsible for your fall, you will need to hold documents that act as evidence. This can include things such as:
- Copies of the accident report book which can act as an official report of the incident
- CCTV footage from local businesses or local authorities which can provide visual evidence of the accident
- If the emergency services were called, any reports can help to provide an account of the circumstances
- Medical records such as your GP record, any prescriptions or treatments you’ve received
- Copies of scans, X-rays or any medical tests
- Photographs of any visible injuries
By working with one of our specialist solicitors, you wouldn’t need to gather these documents alone; we understand it can be stressful trying to create a body of evidence, which is why you would have continuous support.
Get in touch with us today to learn more about how to prove liability in drain accident claims.
What Is The Time Limit For Drain Injury Claims?
Under the Limitation Act 1980, you will generally have 3 years from the date of the accident to start your claim. There are, however, two instances where this time limit might be suspended.
These exceptions apply to claimants who either:
- Are under 18 at the time of the drain accident (as a minor can’t legally claim for themselves)
- Lack the mental capacity to bring their own claim
For those under 18, their time limit would be reinstated from the date of their 18th birthday, running for 3 years following this. Additionally, for those who are mentally incapacitated, their time limit would only resume if a recovery of their mental capacity was made; their time limit would also then run for 3 years from the date of recovery.
To establish whether your claim would still fall within the time limits, get in touch with our advisory team today.
Get Help From Accident Claims After Falling Down A Drain
At Accident Claims, our specialist personal injury solicitors work on a No Win No Fee basis, by utilising a contract called a Conditional Fee Agreement. This type of contract offers a range of benefits to claimants, including no upfront payments in solicitors’ fees for them to begin working on your claim. Not only this, but you’d have no ongoing solicitors’ fees to pay during the course of your claim, nor would you have to pay these fees if your claim were to fail.
However, if your claim were successful, then a small, limited percentage of your compensation would be taken as our solicitors’ success fee. This fee is capped in accordance with the Conditional Fee Agreements Order 2013, to ensure that clients receive the majority of their compensation.
Alongside the benefits that come with a No Win No Fee claim, by choosing one of our expert solicitors, you could expect:
- Support, guidance and advice throughout the entire claims process
- Simple explanations of legal language
- Regular updates about the progress of your claim
- Handling the entire claims process from paperwork to communicating with the relevant parties and courts
- Gathering evidence on your behalf
- Negotiating a settlement which is fully inclusive of all the injuries you sustained, whether severe or minor
Contact Our No Win No Fee Solicitors
To get started with your own drain accident claim, please get in contact with our advisory team today. They can provide you with a no-obligation free consultation to determine if you’re eligible to bring a claim. To reach us, you can:
- Call us on 0800 073 8801
- Contact us online
- Talk to an advisor using the live chat
Learn More
Why not read more of our guides about:
- How much compensation you could receive in pavement accident claims
- Make a faulty or broken furniture claim
- How much you could receive claiming against your local council
Helpful External Resources
- NHS guidance on what to do after a fall
- Advice on returning to work after a period of sickness
- How to request CCTV footage of yourself
Thank you for reading our drain accident claims guide. *Please be aware that the example case study has been used as an illustration to show how much compensation you could receive in a successful drain accident claim.
