Don’t feel daft if you have fallen down an open drain in the road – there is case law that supports that a victim of a hole trip or fall should not be persecuted for not watching their feet. If you were to look at the ground wherever you are walking then you’re probably going to end up walking in to someone or something ahead of you!
So if you have fallen down an open drain or manhole in the road, you may be entitled to claim for personal injury compensation. Read on for more advice.
The law
Many drains or manholes are owned and maintained by utility companies, although a fair share of them are maintained under agreements with local highways agencies and councils. Now it is important to understand that making a claim for this kind of thing is not an easy thing to succeed with. You may question why I say this – surely a massive gaping hole in the road from an open drain is someone’s responsibility!?
Well you’re right in that it is someone’s responsibly – but whether you can claim or not comes down to what reasonable knowledge those responsible had that the drain was a danger. It isn’t common for drains to be permanently open with no cover or cordon to stop people falling down. So where there is an open drain it may have become open at some time and by some action.
If it has been damaged and has broken, or if it has been removed by unruly degenerates, how can you fairly pin this on the council or a utility company? There are duties to reasonably inspect and maintain areas, of course, but if those responsible have no knowledge of an open drain then it can be hard to win the claim.
If the drain was opened because someone was working on the area and they neglected to cordon off the area, erect signs, or make safe the area in general, then you may have a good case. But if the drain has become a hazard and those responsible have no knowledge about it, they will likely try and defend the claim on that very basis. That being said, if it has been reported and nothing has been done about it quickly enough, you may also have a case.
What to do
Insurers and local authorities love to defend these claims and many lawyers will shy away from fighting them on a no win, no fee basis – so instruct an expert personal injury law firm like us to give yourself the best fighting chance of winning a case.
For free and friendly advice call our claims helpline on 0800 634 7575 today.