Yes, you could make a manhole cover compensation claim if a missing, broken or damaged manhole cover caused an accident in which you were injured. To make a personal injury claim, you will need to show that another party was responsible for your accident and resulting injuries.
Key Takeaways
- You could make a manhole cover compensation claim against a local authority, utility company or other party responsible for its maintenance.
- Liability for maintaining the manhole cover may depend on its location (whether it is on public or private land) and the properties it serves.
- Pedestrian accidents, including slips, trips and falls, are some of the most common ways in which people are injured.
- You could claim on behalf of a loved one injured in a manhole cover accident.
- At Legal Expert, our specialist solicitors are often able to help people claim compensation using a No Win No Fee agreement.
Our team is ready to help with your manhole or drain cover accident claim.
- Phone 0800 073 8804.
- Use our online chat to speak to an expert.
- Or click to contact us using our form.
Jump To A Section
- Can I Make A Manhole Cover Compensation Claim?
- How Much Compensation Can I Get For A Manhole Accident?
- How Might Negligence Result In A Manhole Accident Or Injury?
- Will I Need To Prove Manhole Cover And Drain Negligence?
- How Long Will I Have To Claim For Manhole Accident Compensation?
- How Can Legal Expert Help My Claim?
- Why Make A No Win No Fee Manhole Cover Compensation Claim
- Learn More
Can I Make A Manhole Cover Compensation Claim?
You can make a manhole cover compensation claim if you can clearly show that another party was at fault for your accident. Different parties may be responsible depending on the location of the manhole cover.
Who Is Liable For Maintaining Drain And Manhole Covers?
- In general, utility companies (such as local sewage and water authorities) may be responsible for the repair and maintenance of drain and manhole covers on public property.
- A local council may also be responsible for replacing or maintaining a drain or manhole cover, depending on the location.
- The owner or occupier of a property may be responsible for maintaining any manhole or drain covers on their property.
Any of these parties may owe you a duty of care, as already highlighted. This duty of care may be conferred under the Occupiers’ Liability Act 1957 (OLA). Under the OLA the party in control of a space has a duty of care towards the safety of visitors to said space. They must take reasonable steps to ensure visitors safety. This may include ensuring that a drain or manhole cover is properly maintained and placed.
The same basic criteria apply to any personal injury claim. These are that,
- Another party owed you a duty of care. This is the party responsible for maintaining the manhole cover safely and against whom the claim would be filed. We will explore this later in our guide.
- This party breached their duty of care. For example, a utility company may have failed to place the cover back correctly after carrying out work, or a local authority may have failed to replace a broken cover.
- The breach (such as one of the failures highlighted above) caused you to be harmed.
You must also ensure that you file your claim within the time limit (explained later in this guide) and that you collect supporting evidence.
Our team is on hand to help with your drain or manhole cover accident claim. Please contact us today for help and advice.
How Much Compensation Can I Get For A Manhole Accident?
Tripping on or falling down a manhole could result in a very severe brain injury which may be awarded between £344,150 and £493,000. This is the relevant compensation bracket published by the Judicial College Guidelines (JCG). The JCG publishes guideline compensation brackets for various injuries. The guidelines may be used when calculating the value of a particular injury.
How much compensation you can get for a manhole accident could depend on what injury you sustained, how severe it was and the wider impact the accident had on you. You may be awarded two types of compensation.
The first of these is general damages. This award is made to compensate for your physical and/or emotional pain and suffering. Resources such as the JCG may be used in valuing such injuries. Below we have used compensation brackets published in the JCG (apart from row 1) for different injuries relevant.
| Injury | Severity | Compensation Bracket |
|---|---|---|
| Multiple types of injury, severe and with special damages. | Multiple serious injuries. | Up to £1,000,000+ for severe injuries and special damages (including lost income). |
| Brain damage | Very severe (a) | £344,150 to £493,000. |
| Hip/ pelvis injury | Severe (a) (ii) | £75,550 to £95,680. |
| Knee injury | Severe (a) (ii) | £63,610 to £85,100. |
| Shoulder injury | Severe (a) | £23,430 to £58,610. |
| Arm injury | Less severe (c) | £23,430 to £47,810. |
| Wrist injury | Resulting in (permanent) significant disability (b) | £29,900 to £47,810. |
| Elbow injury | Less severe (b) | £19,100 to £39,070. |
| Leg injury | Less serious (c) (i) | £21,920 to £33,880. |
| Ankle injury | Moderate (C) | £16,770 to £32,450. |
These are presented for illustrative purposes. Claimants are not guaranteed their claim will be awarded these compensation amounts.
Can I Claim For Special Damages In A Manhole Cover Compensation Claim?
Yes, you may also be able to claim for special damages in a manhole cover compensation claim. Special damages are the second of 2 types of compensation which may be awarded. The purpose of special damages is to allow claimants to recover financial losses connected to their injury.
You must present evidence of your financial loss and how it is directly connected to your drain accident and injuries.
Potential examples of financial losses connected to a drain cover accident could include,
- Loss of earnings or income – if you were unable to work or unable to work in the same way you did before, you may be compensated for lost income and earnings. Depending on how severe your injury was and how long your ability to work was affected, this may form a large part of your overall settlement.
- Medical costs – your injury may have required you pay for medical care and treatment such as physiotherapy, medications and medical devices or even surgery.
- Care costs – if, as a result of your injuries, you require short, medium or long-term care you may reclaim these costs.
Evidence that could help you prove your entitlement to claim for these losses may include invoices, receipts, and bank statements.
A personal injury solicitor could help to assess what you could be entitled to claim for your drain cover accident. Please contact our team today.
How Might Negligence Result In A Manhole Accident Or Injury?
Accidents and injuries could be caused by faulty, damaged or missing manhole covers. Below, we look at examples of scenarios which may result in a manhole accident or injury.
- Broken drain covers with sharp edges which present a clear trip hazard are identified by the relevant authority. However, they do not take steps to place barriers and warning signs, nor to rectify the drain within a reasonable amount of time. A pedestrian is caught on the sharp edge and trips. They suffer lacerations and bruises.
- A manhole cover over a residential water main has been removed and not replaced, leaving an open hole and trip hazard. A pedestrian jogging catches their foot in it, twisting and fracturing their ankle as they trip and fall.
- Missing manhole covers can be a serious hazard if no signs and barriers are placed around them. A pedestrian walking at night trips and falls into an uncovered manhole. They suffer back and head injuries.
- Negligent maintenance, such as the failure to inspect a drain cover, could lead to rusty or defective covers going undetected. A cyclist may ride over it, causing it to give way. This could lead to the cyclist being dismounted and suffering a fractured wrist and elbow as they land.
- A utility company improperly replaces a drain cover. This leaves it loose, causing a trip hazard. A pedestrian trips over it and suffers a knee injury.
Get in touch with our team if you have been injured in a drain accident.
What Will I Need To Prove Manhole Cover And Drain Negligence?
You will need a strong body of evidence, such as medical records and photographs, to prove your claim for manhole cover and drain negligence.
Evidence you will need to prove manhole accident claims includes,
- Medical records – a copy of your medical records will show details of any injuries sustained and the treatment they required. Your records should also contain details of your prognosis for recovery and any lasting symptoms or effects.
- Photographs – you should take photos of the cause and scene of the accident. This may include a photograph of the drain cover and surrounding area to show (the lack of) any warnings. You could also photograph your injuries.
- Video – you may request footage from CCTV cameras which recorded how the accident occurred.
- Witness contact information – anyone who witnessed the accident taking place may later provide a statement.
A solicitor could advise you on how the claims process works, such as what evidence you may need.
How Long Will I Have To Claim For Manhole Accident Compensation?
How long you will have to claim for manhole accident compensation is set by the Limitation Act 1980. You will have 3 years to file a claim if you are over the age of 18 and able to claim on your own behalf. This is the standard limitation period.
Certain parties may be able to file a claim outside of this initial time limit. Two notable instances are for those under the age of 18 and those with diminished mental capacity. There are exceptions for these parties because they are not able to bring a claim on their own behalf.
- The time limit is not applied for minors till they turn 18. This means they have from their 18th to their 21st birthdays to file a claim.
- There is no time limit for those without the mental capacity to make a claim, unless they regain this capacity. If they do, the standard 3 year limit will be applied.
The court may appoint a litigation friend to act on behalf of the parties identified above whilst they are unable to claim for themselves.
Please contact our team for help and advice if you are unsure how long you have to make a manhole cover compensation claim.
How Can Legal Expert Help My Claim?
Legal Expert could help your manhole injury claim in a variety of different ways. Initially, an advisor could help by listening to your situation and assessing your eligibility to claim. If we think you could make a successful claim, your case may be passed to one of our solicitors.
They could help by,
- Providing a clear explanation of how the claims process works.
- Explaining medical and legal terminology.
- Assisting in the collection of evidence, such as medical records and witness statements.
- Organising mental health or rehabilitation services.
- Providing you with regular updates about your case and answering any questions you may have while it is in progress.
- Representing you fairly and professionally through the claims process.
Contact an expert from our team about your manhole cover compensation claim.
Why Make A No Win No Fee Manhole Cover Compensation Claim
By making a No Win No Fee manhole cover compensation claim, you could get the benefits of working with a specialist solicitor without the need to worry about upfront solicitors’ fees.
If you work with Legal Expert, your solicitor may also be able to offer their services through a type of No Win No Fee agreement called a CFA (Conditional Fee Agreement). This is a way for solicitors to provide services without having to ask for upfront payments for their services. Instead, a success fee is charged on completion of a successful claim. The success fee is limited by law and will be fully explained to you before you agree to work with the solicitor.
Get in touch with our expert team to claim for your manhole cover injury.
- Call us now on 0800 073 8804.
- Speak to us live using our chat.
- Click here to contact us.
Learn More
Learn more about drain accident claims here.
- View our guide on how to make public liability claims for accidents in public places here.
- View our guide to sprained ankle injury claims.
- Learn more about broken bone compensation claims here.
References.
- Read guidance from the Health and Safety Executive about slips and trips in this resource.
- Check whether you need to visit an urgent treatment centre in this NHS resource.
- Check how to report problems with manhole covers in this resource.
We hope you now know more about whether you can make a manhole cover compensation claim. For further help and advice, please talk to our team.