Can I claim compensation for tripping on a manhole cover on the pavement? The manhole cover was not level and I tripped and fell and injured my shoulder.
In order to make a claim for compensation for tripping on a manhole cover, you must have sustained an injury in the accident which was diagnosed and treated at the accident and emergency department of the local hospital or by a doctor. Your medical records will be used to support a claim for personal injury compensation.
Photographic evidence should also be taken of any visible injuries you have sustained. While medical records will be used to confirm injuries, it will benefit your claim for a tripping over a manhole cover if the extent of ancillary injuries such as cuts and bruising are also recorded.
You must also establish and prove that your manhole cover trip and fall was caused by the negligence of a third party. In the case of a claim for a tripping over a manhole cover, the third party is likely to be a utility company or the local authority.
A claim for compensation for tripping on a manhole cover will not be possible until the third party responsible for the accident can be identified. You should be able to determine who is to blame by returning to the scene of the accident and recording the information cast into the manhole cover. If it is not clear who owns and maintains the manhole, a lawyer will be able to conduct the necessary searches to establish this.
Once the company has been identified, a complaint must be made to advise it of the accident and injury. Any verbal complaint must be backed up in writing, and you should keep a copy of any correspondence you send. This can be submitted with your claim for street trip injury compensation as proof that the company has been made aware of the accident.
You should also take a digital camera with you to take photographs of the manhole which caused your fall. You should also use a ruler to measure the height that it is raised. When you take photographs you should be able to tell the height the manhole cover is raised in at least one of the photographs. You can do this by placing a mobile phone, cigarette packet or object of known size next to the manhole to serve as a scale.
The more evidence that can be collected to support a claim for street trip injury compensation the better. This will help to build a strong case against a negligent third party. We also strongly recommend speaking with a personal injury lawyer to obtain specific legal advice about recovering compensation for a manhole cover trip and fall, and to confirm that you actually are within your rights to make a claim under the circumstances.