The streets can be littered with dangers that we will normally know nothing about until we are the unfortunate victim of a trip or a fall because of one. We take on loads of cases for pothole trippers and general street defect claims, and one common scenario is a trip or a fall caused by a sunken grate, drain, or manhole cover.
Over time, the ground surrounding a grate, drain, or manhole can become weak and sink inwards, creating a dangerous divot or dip in the ground. People don’t tend to look at their feet when walking, so they’re not easy to spot. In Autumn, they could be covered by leaves or in Winter covered by snow or rain; making the danger virtually impossible to notice.
So if you trip or fall because of a dip created by a sunken drain, grate, or manhole, can you make a claim for personal injury compensation?
The Law
We could be looking at a general negligence claim if the cover and surrounding area is the responsibility of a utilities company or other private firm. They have a duty to take all reasonable steps to prevent the cover and area becoming dangerous. This can normally be achieved with systems of inspection and maintenance.
If it’s the local council or highways agency responsible, then the claim normally falls within the realms of the Highways Act 1980 which again puts a duty on them to reasonably and practicably inspect and maintain the area.
Now, a claim can very easily be defended if they can prove that a system of inspection is in place, and that the area became dangerous between inspection periods. However, the ground may take a considerable time to become dangerous so you’d think that it would have been picked up. A pothole can appear in a matter of weeks, and in theory the ground could become cracked quickly in the same way a pothole is which means that it could have developed in a short period of time. But if it’s a case that it has eventually sunken over, perhaps, years, there may be a better chance of winning a claim.
A lot of it comes down to evidence, such as:
- What records and documents the responsibility party has for inspection and maintenance
- Previous reports or issues recorded about this area
- Other reported incidents
- What evidence could be obtained from nearby residences or business to confirm the age of a defect
It’s defiantly worth taking some snaps of the defect and giving us a call as we will probably be able to investigate a case for you in a No Win, No Fee basis. We also offer 100% for compensation claims like this. So get in touch for free and friendly advice today!
