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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I fell through a manhole cover into a drain in my back yard

Resolved Question:

I fell through a manhole cover into a drain in my back yard & badly bruised my bottom, leg , foot & knee & broke blood vessels in my bottom. This is very painful & i cannot walk , sit down properly & find it difficult to drive as it is very painful to sit in the car.The manhole cover belongs to Anglia Water Board. Can i make a claim?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this,
Alex Watts : Did you know the drain cover was there please?
Customer:

Yes

Customer:

Yes I knew the drain was there.I stepped back onto the drain cover & it broke & I went through it. A friend who was visiting at the time helped me out. If he hadn't been there I don't know how I would have got out.

Customer:

Cannot give a rating until you finish answer

Customer:

Still not had an answer. If you have answered where do i go on to find it.

Alex Watts : Did you ever inspect it?
Customer:

Well I walked over it every day.

Alex Watts : But it is n your land?
Alex Watts : How do you know it's theirs? Why is it not yours?
Customer:

Yes it is on my land, but when They came to repair it they said it was theirs.

Alex Watts : Why was it defective please?
Customer:

It was very old

Customer:

The house was built in 1913 & the same cover has been there ever since. Moved into the house in 1963

Alex Watts :

Ok - so for the last 50 years there has never been a problem with it. Did you know there was this time?

Customer:

No I didn't or i would have been more cautious about treading on it.

Alex Watts :

And how were they negligent?

Customer:

By not inspecting them periodically

Customer:

I am going to bed now.Will finish our chat tomorrow. All we wish to know is whether Brenda can claim for injuries or night.

Alex Watts :

Well this is a difficult one.

Alex Watts :

The problem is as occupier of the land it is up to you to make sure that all things are safe within your land and to take reasonable steps. If someone else would have been injured, it would have been your fault.

Alex Watts :

Also for them to be negligent you would have to show they had knowledge that it was defective.

Alex Watts :

Because you tread on the cover and know its their then one could argue that you knew it could be a potential hazard.

Alex Watts :

That being said there may be an argument that they should inspect it.

Alex Watts :

Therefore you might be entitled to issue proceedings.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £1,000 or less it will be a small claim and you will not need representation. Above £1,000 for a personal injury claim you would need representation

Can I clarify anything for you about this today please?

Customer:

That is very clear . thank you for your help. I will now rate you.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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