Broken Drain Cover Accident – Could I Make A Claim?

By Jo Anderson. Last Updated 3rd October 2023. In this guide, we’ll be discussing the process of making a personal injury claim for harm you sustained in a broken drain cover accident. We will explore the eligibility criteria that must be met in order to seek compensation, the time limit in which you have to do so and the evidence you could gather to support your claim.

The party responsible for a public place owes a duty of care to those visiting the space for it’s intended purpose. If this isn’t adhered to, it could lead to a member of the public sustaining harm. We will explore the duty of care they owe in more detail throughout this guide as well as the ways they could fail to uphold it.

broken drain cover

Broken Drain Cover Accident – Could I Make A Compensation Claim?

Additionally, we will discuss the compensation you could be awarded should your claim succeed and how your settlement could be calculated.

For more information, you can get in touch with an advisor. They can assess your case for free and if they find it’s valid, may connect you with one of our solicitors to represent your case on a No Win No Fee basis.

To get in touch, you can:

  • Fill out our ‘contact us‘ form
  • Call on 0800 073 8801
  • Chat with one of our advisors using the live support feature.

Select A Section

  1. Could I Claim For A Broken Drain Cover Accident?
  2. Examples Of Accidents Caused By A Broken Drain Cover
  3. Injuries Caused By Falling Due To A Broken Drain Cover
  4. Time Limits To Claim For Trips And Falls 
  5. Evidence For Broken Drain Cover Accident
  6. What Compensation For A Broken Drain Accident Could I Claim?
  7. Talk To Us About Starting A No Win No Fee Claim

Could I Claim For A Broken Drain Cover Accident?

In order to begin a personal injury claim for a broken drain cover accident, you’ll have to prove that:

  1. A third party owed you a duty of care.
  2. They breached their duty of care.
  3. You experienced harm, either physical or psychological, as a result. This is defined as negligence, for which you could be eligible to seek compensation.

As per the Occupiers’ Liability Act 1957, those in control of a public space owe a duty of care to ensure the reasonable safety of those visiting the space. They can do this by carrying out regular risk assessments and addressing any hazards they become aware of in a timely manner. A failure to do so could see you experiencing harm as a result.

To find out whether you could be eligible to seek personal injury compensation, get in touch on the number above.

Examples Of Accidents Caused By A Broken Drain Cover

There are several ways this type of accident in a public place could occur. For example, a member of the public notifies their local authority about a drain cover that is broken but the local authority fails to address this in a reasonable timeframe. As a result, another public member trips and falls and sustains a fractured elbow.

To discuss your specific accident, please get in touch on the number above. An advisor can assess whether you’re eligible to seek compensation.

Injuries Caused By Falling Due To A Broken Drain Cover

A broken drain cover could present a trip hazard which could lead to a member of the public sustaining several physical injuries, such as:

You may also experience a psychological impact due to the physical injuries you experience. If you are awarded compensation, the settlement you receive will account for both the physical and mental pain and suffering you have experienced due to your injuries. 

Time Limits To Claim For Trips And Falls

When making an personal injury claim for a broken drain cover accident, it’s important to be mindful of the time limit. As per The Limitation Act 1980, you need to begin your claim within three years from the date of the accident. 

There are some situations where exceptions could be made, such as for children and for those who lack the mental capacity to claim themselves. In these instances, the time limit is suspended giving a suitable adult the opportunity to apply to the courts to act as a litigation friend and begin the claim on the injured person’s behalf.

If no claim is made for a child by the time they turn 18, they will have three years to start their own claim. If the person who lacks the mental capacity recovers this capacity, they will have three years from the recovery date to start their own claim.

To discuss the time limits and exceptions in more detail, please get in touch on the number above.

Evidence For Broken Drain Cover Accident

If you have been injured due to a broken drain cover, and meet the relevant eligibility criteria to make a personal injury claim, gathering evidence could help support your case. It could help with proving how the accident occurred and the types of injuries you suffered. Some examples of the evidence you could gather include:

  • Photographs of the broken or missing drain cover and the injuries sustained.
  • CCTV footage of the accident taking place.
  • Witness details of those at the scene. They can then be contacted for a statement at a later date.
  • Medical evidence detailing your injuries and any treatment that you have needed because of them, such as a copy of your medical records.
  • Evidence of any financial losses. This can include payslips showing loss of income, receipts showing prescriptions you have needed to pay for and travel tickets showing the cost of having to take the bus or train due to being unable to drive.

To learn more about the evidence that could help support your claim or check your eligibility, please contact an advisor.

What Compensation For A Broken Drain Accident Could I Claim?

Settlements awarded following a successful personal injury claim could consist of compensation for the mental and physical pain and suffering you have experienced due to your injuries. This is awarded under general damages.

To accurately value this head of claim, solicitors can use the Judicial College Guidelines to help them. This document contains award brackets that are guidelines. We have included some of these in the table below, but you should only use them as a guide because each settlement can vary.

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Injury Severity Compensation Guidelines Notes
Brain Injury Very Severe (a) £282,010 to £403,990 The person needs care full time.
Brain Injury Moderate (c) (i) £150,110 to £219,070 Cases where there is moderate to severe deficit of intellect with a significant future risk of epilepsy, an effect on the senses and a change in personality. There is also no prospect of employment.
Back Injuries Severe (a) (i) £91,090 to £160,980 Injuries involving severe damage to the spinal cord and nerve roots, leading to severe consequences including pain, and incomplete paralysis.
Foot injuries Severe (d) £41,970 to £70,030 Fractures of both heels or feet with a substantial restriction on mobility.
Knee Injuries Severe (a) (i) £52,120 to £69,730 Leg fracture that affects the knee joint causing constant pain and limiting movement.
Ankle Injuries Very Severe (a) £50,060 to £69,700 Joint degeneration at a young age due to a bilateral ankle fracture.
Hand Injuries Serious (e) £29,000 to £61,910 The hand capacity will be reduced to about 50%.
Arm Injuries Injuries Resulting in Permanent and Substantial Disablement (b) £39,170 to £59,860 Serious fractures of one or both forearms causing a residual disability that is significant and permanent.
Arm Injuries Less Severe (c) £19,200 to £39,170 Significant disabilities with a substantial degree of recovery that has either already happened or will be expected.
Leg Injuries Severe (b) (iii) £39,200 to £54,830 This bracket includes serious compound or comminuted fractures.

Can I Claim Special Damages?

Your settlement could also consist of compensation for financial losses incurred due to your injuries. This is awarded under special damages. Examples of the costs you could claim back include:

  • Loss of earnings, both past and future
  • Care costs
  • Travel expenses
  • Medical costs

Evidence such as payslips, receipts and invoices could help prove these losses.

For more information on the compensation you could be awarded after making a successful claim for a broken drain cover accident, get in touch on the number above.

Talk To Us About Starting A No Win No Fee Claim

You may benefit from working with one of our solicitors as they can help:

  • Gather and collate evidence
  • Value your claim
  • Ensure your case is submitted in full and within the relevant timeframe

Should you have a valid claim, you could work with one of our solicitors under a Conditional Fee Agreement. This is a specific kind of No Win No Fee contract which typically means you won’t need to pay for the services that your solicitor provides either as the claim proceeds or upfront. Furthermore, following the completion of an unsuccessful claim, no payment will need to be made for the work the solicitor has done on your case.

In the case that your claim is successful, then you’ll have to pay your solicitor a success fee. This amount is taken from your compensation but is legally capped, ensuring you receive the majority of your award.

For more information on working with a solicitor on this basis, get in touch with an advisor via the contact details below. They can answer any questions you may have pertaining to your potential claim. To get in touch, you can:

  • Fill out our ‘contact us‘ form
  • Call on 0800 073 8801
  • Chat with one of our advisors using the live support feature. 

Related Personal Injury Claim Articles

You can find more of our personal injury guides below:

Alternatively, you can follow the external links below:

Thank you for reading this guide on when you could be eligible to begin a personal injury claim for injuries sustained in a broken drain cover accident. If you have any other questions, please get in touch on the number above.