Manhole and Drain Cover Accident Claim
Every day we walk down the street and generally we do not notice the manhole covers and drain covers on the road.
If the cover is defective or missing or the road surface adjacent to hit is defective, then there is a risk of injury.
Regardless of the reason, if you are injured, we can help you. We have many years of experience of pursuing this type of case
See an example of how Levenes’ personal injury claim solicitors were able to help.
Who is responsible?
The law places the duty for maintaining the highway on the local council and they have the primary responsibility. However, in addition to the local council, other organisations are likely to be responsible. These include the water and sewage authority, gas, electricity, telephone broadband and cable TV providers as well as their private contractors whom they employ to carry out work on their behalf.
These parties are responsible for regularly inspecting the condition of the covers, carrying out maintenance and ensuring that any work that is done, is done safely and to a good standard.
If these responsibilities are not met and you suffer injury, then you may be able to make a claim for compensation.
Injuries commonly suffered due to defective or missing manhole and drain covers are many and varied.
Covers which are not flat and flush to the road surface typically cause tripping accidents resulting in fractured wrists, when a person trips and puts out their hand to cushion the blow.
Facial injuries occur if the person’s head strikes the ground.
Children can get their legs trapped when their feet go into the gap of a missing drain cover.
Falls occur when a cover is completely missing and can cause very serious brain and spinal injuries as well as leg fractures.
Sprained ankles are also commonly caused when the foot catches against the edge of a cover resulting in an inversion injury.
What to do after a manhole or drain cover accident
It is crucial that you take pictures of the manhole or cover that caused your injury.
Take several pictures from various angles, close and further away.
Take measurements of the defect, for example, if a manhole cover is standing proud of the road surface, measure the difference in height and take a photo holding a tape measure.
Make a careful note of the location.
Look out for any signs of recent work on the road, including any notice boards from contractors or utility companies.
Look around for CCTV cameras, including public cameras and those on private buildings. CCTV can be very helpful to show what happened in our case.
Take details of any witnesses.
You should then contact us and we will advise you on how to make the claim.
How much my manhole and drain cover accident claim is worth
Each case is assessed on its own merits. How much you will receive for your manhole or drain cover accident claim, depends on the seriousness of your injuries and how long it was before you recovered. You can claim for pain and suffering, loss of earnings, medical treatment, and any other reasonably incurred expenses.
Time limits to make a manhole or drain cover accident claim
The time limit is normally 3 years. This time runs from the date of the accident or the 18th birthday of the claimant if he or she was a child at the time of the accident. If the injured person has lacked mental capacity throughout, then there is no time limit.
Irrespective of the time limits, we recommend that you do not wait to make a claim because evidence to prove the claim is much harder to get if you leave it too long. For example, records of who was working on the road might be harder to find the longer the delay.
It is always best to make the claim as soon as you can.
How long does the compensation claim process take
Each case is different. For example, if it is not clear who was undertaking work that caused the problem with the manhole cover, then it may take longer.
Many cases can be concluded within months but the most serious cases can unfortunately take a lot longer.
We always try to conclude your case as quickly as possible. If you need it, we will seek interim payments for your losses and to pay for any treatment that you need.
Why choose Levenes?
We work diligently for our clients to help them put their lives back together and at the same time obtain the maximum compensation. With us on your side, you can expect:
- Over 100 years of combined experience – We have proven results; we are lawyers who fight for you with a record of success.
- Strong litigators – We are not afraid to take your case to court if we have to. We stand up for the rights of the injured and not for the rights of the big corporations.
- Empathy – We pride ourselves on our compassion and understanding and we are easy to talk to. We always put your interest first and we treat you as our family.
- A personal approach – Your case will be handled directly by one our partners with support from our team of lawyers.
- A tailor-made approach – Every client is treated individually and not as a number, to achieve the best possible result that you deserve.
- Clear communication – We talk to you in a down to earth way. We avoid legal jargon unless it cannot be avoided, and if so, we explain things clearly and simply.
- Maximum compensation – We have the courage to fight for what you are entitled to.
- Full attention – We have the resources to focus on every detail of the case and consider every angle. We do not spread ourselves too thinly – you deserve our full attention.