We take on a lot of manhole cover claims. In fact, we take on so many that I daren’t even walk over manhole covers myself anymore. It’s not a superstitious thing at all – its come from seeing so many people step on them and end up injured when covers collapse inward or break!
In this case our client approached us for help when she stepped on a cover that collapsed resulting in one of her legs falling down in to the hole at around knee height. The council tried to defend the claim but we fought to overturn the decision and she was successfully awarded a payout.
Luckily the injuries suffered were minor but they can be far worse in manhole accident cases. A lot of people who escape with minor injuries often recognise that it could have been far worse, particularly where children, the elderly or the infirm are involved. In reality the injuries that can be caused by dangerous and defective manholes can be life changing and even fatal.
But, as I said earlier, our client luckily escaped with minor soft tissue damage and superficial skin lacerations. We were glad to help her out on a no win, no fee basis and we quickly set the case up and submitted it to the local highways authority for the area where it happened.
Sometimes the local council will pass the claim on to a utility company or other private company if they own / are responsible for the cover. Sometimes the council have agreements with private owners to maintain the covers as part of the highway.
Liability Denied!
The council through their insurers took a while to get back to us, and when they did, they issued a standard denial of liability. Where The Highways Act applies the duty is for the local council to have a system of inspection and maintenance and to stick to it. They suggested that the area was inspected on a weekly basis and that the manhole cover was not defective during their last inspection.
A defence with a weekly system of inspection is not an easy thing to overcome!
A council can raise a special defence in law under Section 58 of The Highways Act which can make a claim practically impossible to win. Many lawyers at this stage would have discontinued the claim, but we’re a lot more tenacious then most!
Upon review of the documentation they had provided to us for their denial, we requested more, and we confirmed that we considered their visual inspections of areas as insufficient. This didn’t stop them from maintaining their denial of liability as they continued in their efforts to defend the case.
It’s important to recognise that Judges are often sympathetic to councils for these types of claims too – we were facing a tough fight ahead of us!
We commenced court proceedings and even provided them with further evidence to show why we believed our client was fairly entitled to compensation. They refused to change their stance and confirmed that they had no offers to make. The other side instructed solicitors and we agreed timeframes between ourselves for evidence exchanges to allow all party’s to use the court system efficiently.
A trial date was even set and we continued to exchange documents and continued to apply pressure on the opponent by making offers to them that put their position at risk. Eventually they made a fair offer to settle the claim which our client was happy to accept given her injuries were luckily minor. They still considered that they could defend the claim at court, but they recognised that we were not going to simply just ‘go away’ and we were more than prepared to take the claim to a final hearing.
The Important Lesson Here
There is a very important lesson in how this case was concluded.
Many lawyers are not prepared to continue to fund claims on a no win, no fee basis and commence court proceedings because of the costs involved. But because we take on and win high volumes of cases, and because we are experts in the field of personal injury, we are prepared to take cases all the way.
If you want a firm of lawyers who really will fight tooth and nail and fund your claim all the way which gives you the best possible chance at succeeding, just call our free claims helpline on 0800 634 7575 for advice today.
