Personally I avoid walking over manholes – not out of suspicion but out of concern given the large amount of claims we take on that involve manhole covers breaking, moving / flipping, or being missing in general. As you can imagine, the sorts of injuries one can sustain from such an accident can be nasty.
So if you are the victim of being injured due to an old manhole cover, can you make a claim for personal injury compensation?
If it’s an old manhole cover then there is the risk that it could have become defective over time. The cover could have become damaged or loose over time, or part of it may have rotted away or broken away, resulting in the cover becoming unstable or defective.
If the manhole is on the street then it could be the local council or highways agency that are responsible or it could be a utility company. If it happened on private land then it could be the owners or occupiers of the land that are to blame. If you live in a rented property and that’s where the manhole is then the duty may lie with your landlord. The latter example is common when it comes to old manholes.
When it comes to winning a claim we must prove that whoever is responsible for the manhole has failed in their duty of care to inspect and maintain the manhole to a reasonably safe standard. When it comes to public land or areas owned by commercial businesses it can be easier to win a claim as the duty can be higher. But where a manhole is situated on a rented property or on land, like woodland or grassland, then there may not be any proper systems in place for inspection.
Unless someone has reported a prior issue with the manhole then it can be hard to win a claim.
What to do!
Seek medical attention first and foremost as your wellbeing is the most important thing of course. Take some photos of the defective manhole as we can use these as evidence.
Speak to us before reporting the problem to anyone and make sure you know your rights when it comes to how much you can be charged for a claim like this following the government reforms from April 2013.
Many law firms will charge the standard 25% and have additional percentages resulting in overall deductions as high as 40% or more. Upfront fees for insurance or administration costs can leave you in a minefield of confusion where a no win, no fee agreement doesn’t always mean you will not be charged if a case doesn’t win.
We keep things simple – no hidden charges or additional costs, no upfront fees, and a genuine no win, no fee agreement that does exactly what it says on the tin. Call us on 0800 634 7575 for help and advice today.
