Important points when making a drain or manhole cover accident claim
- The operators and owners of public spaces must take reasonable steps to keep people safe.
- Claims are typically made against local councils, utility companies, and property owners - if negligence can be proven.
- Taking photos of the scene - before the liable party can fix the hazard - will strengthen your claim.
- While you have 3 years from the accident to start a claim, acting sooner increases your chances of success.
- Our compensation calculator will tell you how much you can claim.
- No win, no fee means you can claim risk-free.
Injured by a faulty drain or manhole cover? We’re here to help you claim.
Manholes and drain covers on pavements pose a serious risk to pedestrians, often causing injuries like sprains, fractures, or lacerations. Improperly fitted, damaged, or unmarked covers can create trip hazards, especially in poorly lit areas. If you've been hurt in a drain or manhole cover accident, you may be entitled to compensation.
A personal injury solicitor can help you pursue a No Win, No Fee public liability claim.
With around 2,000 pedestrian injuries every year, you are not alone
Defective, loose or missing manhole covers can cause serious injuries to pedestrians. The most common types of injury caused by manhole accidents are leg injuries, including fractures, breaks and sprains.
In 2023, there were 749 car occupant fatalities and 72,155 casualties (gov.uk).
Drains and manhole covers must be regularly maintained to ensure they are safe and fit for purpose. If the person or organisation responsible has failed to carry out regular safety checks and repairs, and you are injured as a result, you may have a right to claim compensation.
You will have an even stronger claim if the responsible party was made aware of the defective drain or cover before the accident, and they failed to act promptly to fix the problem or at least put up warning signs or other temporary safety measures.
You can report missing manhole covers centrally at mySociety.org.
Who is responsible for drain and manhole maintenance?
Your solicitor will investigate and confirm who is responsible for the drain or manhole cover that caused your injury.
My accident happened on public property
Generally, the responsibility for maintenance of drains and manhole covers on pavements, roads and in other public places falls on the local water and sewerage authority.
Water and sewerage companies serving the UK include:
- Anglian Water
- Southern Water
- Thames Water
- Yorkshire Water
- Welsh Water
- United Utilities
The local authority or water company must carry out regular safety inspections, and carry out repairs and maintenance as appropriate. If the organisation has failed to identify or promptly repair a trip or fall hazard, they may have breached their duty of care towards members of the public and are therefore negligent.
My accident happened at work
Your employer owes you a duty of care to provide a safe work environment. Employers must take reasonable steps to protect staff from reasonably foreseeable harm, including slips, trips, falls and other accidents caused by defective drains on the property.
If the accident occurred while you were at work, you should report the accident to your manager or employer as soon as you can. Details of the accident should be recorded in your company's accident book.
If you are injured working on someone else's premises, you should also report the accident to them.
Read more:
Work accident compensation claims
My accident happened on private property
Drains on privately-owned land must usually be maintained by the owner or occupier of that property. For example, the freeholder or management company of a block of flats would be responsible if you tripped on a defective drain cover on the property.
It is usually still possible to claim for injury compensation if you were (knowingly or unknowingly) trespassing at the time of the accident.
How much compensation can I claim for a drain or manhole cover accident?
The compensation you can claim for an injury caused by a drain or manhole cover is based on:
- how serious the injury is,
- the effect of your injury on your daily routine and ability to work,
- the losses and expenses you?ve incurred as a result of the accident.
Drain or manhole injury
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages is compensation for quantifiable financial losses you've incurred as a result of your injury. Compensation can include loss of income, including future loss of income, and any additional expenses directly related to your injury.
These damages will also cover any medical or treatment bills, such as diagnostic imaging tests, physical therapy and pain management.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average drain or manhole injury general damages compensation table
The following drain or manhole injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Ankle injury
Severity | Example | Amount |
---|---|---|
Minor (relatively) | Minor fractures, sprains, and ligament injuries with full recovery | Up to £15,250 |
Moderate | A fracture or ligament injury with mild ongoing symptoms | £15,250 to £29,500 |
Severe | Lengthy treatment required, and your ability to walk has been permanently affected | £34,740 to £55,540 |
Elbow injury
Severity | Example | Amount |
---|---|---|
Recovery within 18 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £3,920 |
Recovery between 18 to 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £7,210 |
Recovery after 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms or damage | Up to £13,970 |
Finger injury
Severity | Example | Amount |
---|---|---|
Relatively minor injury | Finger fractures that recover in under 6 months, and/or injuries with tenderness, pain in cold weather, or scarring | Up to £5,270 |
Index finger fracture | Fracture fully heals, but with ongoing pain, disability and an increased risk of osteoarthritis | £10,110 to £13,570 |
Finger fractures | Fractures that cause deformity, affect sensation, and/or have a long term affect on your grip and ability to use your hand | Up to £40,760 |
Hand injury
Severity | Example | Amount |
---|---|---|
Minor (relatively) injuries to one or both hands | A fracture or break recovering within 6 months, and/or with scarring, tenderness and pain in cold weather | Up to £5,270 |
Moderate injuries to one or both hands | Moderate crush injuries, penetrating wounds, or deep cuts | £6,280 to £14,730 |
Moderate/serious injuries to one or both hands | Serious crush injury that causes impaired function andthat cannot be resolved with surgery | £16,040 to £32,170 |
Knee injury
Severity | Example | Amount |
---|---|---|
Minor (relatively) | E.g. dislocation, torn cartilage or meniscus, that could cause future symptoms or weakness, or that exacerbated an existing injury | Up to £15,250 |
Moderate | More serious knee injuries with a greater risk of future symptoms, pain and weakness | £16,460 to £29,050 |
Serious | E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery | £29,050 to £48,210 |
Leg injury
Severity | Example | Amount |
---|---|---|
Simple femur fracture | Simple femur fracture with no damage to articular surfaces | £10,110 to £15,620 |
More serious fractures | Incomplete fracture recovery with ongoing symptoms | £19,930 to £30,800 |
Wrist injury
Severity | Example | Amount |
---|---|---|
Lesser | Relatively minor soft tissue injury or displaced fracture, with a full recovery within 12 months | £3,920 to £5,260 |
Moderate | Uncomplicated Colles' fracture | Around £8,250 |
Moderate | Fracture or soft tissue injury with complete recovery | £6,750 to £11,480 |
Am I eligible to claim compensation for a manhole injury?
Yes, you are entitled to make an injury claim for a drain or manhole cover accident, if:
- you became ill in the last 3 years, and;
- another person was to blame, and;
- that person owed a duty of care to prevent foreseeable hazards.
Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
Compensation claims with shared fault
It's not unusual for personal injury claims to involve fault on both sides.
In our 2024 Public Liability Injury Claimant Survey, we found that 17.45% of respondents felt they had at least some responsibility for the injuries they sustained.
Even if your actions or negligence played a role in the accident, you could still be eligible for compensation. Cases with shared fault (contributory negligence) frequently settle through a split liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long do I have to claim manhole injury compensation?
In most cases, you have up to 3 years from the date of your accident or injury to start a claim.
For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a claim.
Making a defective drain or manhole cover injury claim
If possible, photographs of the scene should be taken as evidence of the incident and specifically of the state of repair of the drain or manhole cover.
The names and addresses of any witnesses should be gathered as they may be requested to provide a statement to support the claim.
Do I need to have seen a doctor when I was injured?
Not necessarily. If you have suffered a sprain or soft tissue injury after tripping over a loose drain cover, you may have decided not to see a doctor at the time of the accident.
Your solicitor will review all the available evidence (such as CCTV, witness statements and complaint letters or emails) and confirm whether your claim is likely to succeed. Your solicitor will also arrange for an independent medical assessment.
The results of the examination will be valuable medical evidence should you decide to claim and, more importantly, you may not be aware of the full extent of your injuries.
Slips and trips involving drains can often result in head injuries. Head trauma can often seem minor initially, but without proper treatment and monitoring can have serious consequences. Your solicitor will ensure your compensation reflects the full extent of your injuries.
Read more:
Slip and trip compensation claims
What led to your injury?
The claims process for a drain or manhole injury will depend on where and how the accident happened. Click the icons below for more information:
Can I make a no win, no fee drain or manhole injury claim?
Yes. With no win, no fee, you can claim drain or manhole injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to an injury specialist about your claim?
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Report broken manholes / mySociety (reviewed: 30/07/2024)
Reported road casualties Great Britain, annual report: 2022 - GOV.UK (reviewed: 31/07/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.