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Damages Awarded for Injury Caused by Defective Drain Cover

A woman injured whilst crossing the road due to a damaged drain cover was recently awarded compensation, with help from The Legal Line’s specialist personal injury lawyers.

Accident on Public Property

Whilst crossing a road, the claimant stepped from the pavement and onto a drain cover. The surface around the cover had partially eroded away, leaving a lip of around 35mm. Her foot twisted over the side of the drain because of this defect and she sustained a personal injury.

The surrounding area was also poorly maintained and the claimant felt that the local authority were responsible for her accident, so she reported the incident to them and decided to make a claim for damages.

Compensation Claim

Acting on the claimant’s behalf, our lawyers took the case to trial, at which point the defective drain had still not been repaired.

The local authority stated that they had inspected the drain and it was not a priority for repair, as their procedure is to take action when defects are 40mm or over. They said that, although they accepted there was some risk due to the area being busy, the defect was not dangerous.

Our lawyers provided photographs of the drain cover and the surrounding area, showing a poor standard of maintenance overall. Information was also obtained that the cost of repairing the problem would be less than £40.

Although the Judge recognised that there are certain pressures on inspectors, he commented that he wondered how bad areas could be allowed to become before the decision was made to intervene below 40mm. He found in favour of the claimant and she was awarded compensation.

Injury Claim Advice

If you or someone close to you has suffered an accident in a public place, you may be entitled to make a public liability claim against the responsible party.

Contact The Legal Line for sympathetic, cost free advice and assistance on 0800 0328511 or by completing a compensation claim enquiry form online.