In this guide, we will aim to answer the question, “how much could you claim for falling down a drain?”. If you have been injured in public as a result of negligence, you could be entitled to a settlement.
Negligence is where a breach of duty of care causes an injury. There are a number of circumstances in which a duty of care could apply. For example, if you are in public, then the party in control of the space owes a duty of care. We’ll expand on this further below.
This informative guide offers advice on collecting proof to support a claim for compensation and how much you could claim for falling down a drain. To discuss your case in a free assessment of eligibility with one of our team now, simply:
Select A Section
- Who Is Responsible For A Broken Manhole Cover?
- How Much Could You Claim For Falling Down A Drain?
- Case Study – Falling Down A Broken Drain Cover
- Am I Eligible To Claim For Falling Down A Drain Or Manhole?
- Types Of Injury You Could Claim For
- Make A Broken Drain Cover Accident Claim
The Occupiers Liability Act 1957 is the legislation that sets out the duty of care owed by those in control of public spaces to those who use them for the purpose intended. They need to take steps to ensure the reasonable safety of members of the public. For example, workers on drains should ensure that they are covered or, if this is not possible, that warning signs are present.
The Health and Safety At Work etc Act 1974 outlines the duty of care that employers owe those who work for them. Employers must take all reasonable steps to prevent accidents at work that could cause injury. If a breach of this duty causes you to be injured, you could be entitled to claim.
You cannot claim for an accident that was not caused by negligence. For example. if a drain without a cover was clearly marked and signposted, and you climbed over a barrier in order to fall down one, you’d be unable to claim.
Please feel free to contact us with any questions or issues you may have about this. If you have a valid claim, you could be connected with a lawyer from our panel.
If you are awarded compensation, your settlement could be made up of up to two heads. General damages take into account the physical and psychological impact of the injuries.
Solicitors and lawyers refer to documents like the Judicial College Guidelines to help them value this head of claim. An excerpt from these Guidelines is included in the table below:
|Area of Injury
|Moderately Severe – £219,070 to £282,010
|Serious injuries that leave permanent dependence on others. Cognitive and physical issues with a reduced life expectancy
|Severe – £65,740 to
|Disc damage and cervical spine injuries which cause constant pain and mobility issues
|Very Serious – £54,830 to £87,890
|Injuries that leave permanent mobility issues that require walking aids for the rest of the person’s life. Fractures that take years to heal.
|Very Severe – £50,060 to £69,700
|Transmalleolar fractures that cause extreme tissue damage causing deformity and giving rise to the risk of necessary amputation
|Severe – 39,170 to £59,860
|Serious forearm fractures leaving a significant, permanent residual disability
|Severe – £39,170 to £52,500
|Fractured acetabulum injuries causing instability and degenerative changes and likelihood of hip replacement surgery
|Severe – £26,190 to £43,460
|Pain, discomfort and limited movement, instability, deformity and the risk of degenerative changes. The need for remedial surgery.
|Serious – £24,990 to £39,200
|Injuries that cause continual pain and traumatic arthritis, needing prolonged treatment or surgery
|(b) – £24,500 to £39,170
|Significant permanent disability with some useful movement remaining
|Serious – £12,770 to £19,200
|Dislocation and nerve damage issues causing aching and sensory problems with a weakness of grip that may persist even after surgery
As well as this, special damages can be awarded to mitigate the financial consequences of the injuries. For example, they could impact your ability to work. You might need to adapt your home or car to accommodate a new disability. Travel expenses and prescription charges can also be eligible. Documented evidence, such as receipts and statements, could support a claim for special damages.
Get in touch with our team to see what other costs might apply. You could be put in touch with a lawyer from our panel.
Mr Black was on his way to work one morning. He turned the corner of his street and fell down a manhole without a covering. He hit his head and sustained multiple injuries, including a dislocated kneecap and a fractured collarbone.
Because of this, Mr Black was affected in a number of ways. He became nervous about the prospect of leaving his house and his injuries meant he could not work. This meant that he experienced a loss of earnings. He also needed to pay for additional physiotherapy sessions after the initial 6 offered by the NHS.
After collecting as much evidence as he could, he decided to work with a personal injury solicitor to pursue compensation. He was awarded a settlement, as it was found that workers who were carrying out repairs had failed to replace the manhole cover, which constituted a breach of duty of care.
In order for you to make a successful claim, it is essential to establish the following:
- That you were owed a duty of care
- That this duty of care was breached
- You suffered direct injury as a consequence.
There is a 3-year time limit that applies to starting a personal injury claim. Under the terms of the Limitation Act 1980, this period can start from the date you are injured or the date that you first connected injuries with negligence. To learn more about initiating a claim promptly, our team can offer free advice, including an answer to the question “how much could you claim for falling down a drain?.
The injuries you could sustain after falling down a manhole could include:
- Cuts and bruises
- Lacerations and soft tissue damage
- Fractures to wrists, arms, knees, legs or ankles
- Musculoskeletal injuries
- Concussion and head injury
- Penetration wounds to the chest
- Spinal and nerve damage
- Serious, life-changing brain or spinal damage
- Infection issues
- Psychological damage
In some cases, this kind of accident could be fatal. For guidance on the process of claiming, speak with an advisor on our team today.
A personal injury solicitor could help you claim compensation for these injuries. Solicitors offering No Win No Fee agreements, which include Conditional Fee Agreements (CFA), could help you without the need for you to pay them upfront or as the claim progresses.
Should the claim be unsuccessful, you usually don’t need to pay your solicitor for the work they’ve done. If you’re awarded compensation, they’ll deduct a success fee from your settlement. To learn how a No Win No Fee solicitor could help you in this way, connect with our advisors for a free assessment by:
- Calling on 0800 408 7825
- Contacting us online to see how much could you claim for falling down a drain
- Using the live chat option.
Further Information About Broken Drain Accident Claims
As well as details on how much you could claim for falling down a drain, the following resources from our website offer more free advice:
- Read more about No Win No Fee claims against the council
- Where are other hot spots for public accidents?
- More on claiming for an accident on a public road
We have also included the following external resources for your information:
- Advice from the NHS after a fall
- Further advice on preventing falls and slips at work
- In conclusion, more reading on streetwork safety
Article by EA