compensation...

[penski]

...well this is a thread that I never thought I would be making.

today marks the end of the second week which I have been signed off sick from work. it looks like I will be signed off for another 2-4 weeks at least.

the reason I am off is due to a back injury sustained after slipping on a wet manhole cover, doing the full-on feet-in-the-air comedy fall...and landing on the top of my spine/shoulder.

as it stands, I am unable to work, I am in an inordinate amount of pain 24 hours a day, can sleep for about 4 hours per night (waking up every half hour or so), and my movement is limited to shuffling around, sitting bolt upright and lying flat on my back. luckily I can move my hands and hold my phone in front of me

the manhole in question is located on a traffic island as you walk into my estate. to cross the traffic island, you have to cross the manhole cover. it is made of virtually smooth aluminium (it has a 'diamondplate' style pattern that is raised 2-3mm) and is tilted at an angle of around 10 degrees.

for the record, the road you are crossing to have to go across that traffic island has a 50 limit, is for buses only and is on a blind corner...so it is not a road you just wander out onto...the island is pretty much essential.

I have always been against the so-called culture of blame which is why I never thought I would be making such a thread...but now I find myself unable to work, in constant pain and facing an uncertain future which at the very best will include intensive physio and at the worst frankly scares me.

...because a low-friction aluminium cover has been used in place of a traditional iron (or are they steel...?) one...you know the type - big letters and protrusions all over them so you don't land on your harris when it is wet.

luckily I can move all my limbs and will (should?) recover...but I've lost count of the number of medical professionals gasping at how lucky I am. I'm 20ish stone and over 6' tall...that's a big impact on the top of your spine...my gp likened it to someone swinging a sledgehammer at the back of your neck.

so the question; do I pursue this? has anyone here been in a similar or comparable situation? any advice?

thanks for any help

*n (worried, baked on painkillers and going stir crazy through boredom...thank god for my vario II!)

 

[daz]

Speak to a solicitor.

To win anything, however you'd have to establish that the council/highways agency breached their duty of care and were negligent in the installation of the manhole.

I'm not sure how well you'll do simply because it might be reasonably expected of a person to know that metal when wet is slippery (and to thus take care to avoid it)...

 

[Dreadi]

Do it, you deserve it for as due to their misconduct (is that the word i'm looking for?) you are in a bad way and they should pay for their mistakes

 

[iCraig]

Compensation culture only annoys me when people try making money off it just because they can. You know the ones, they bump their head at a water park because there wasn't a sign telling them to mind their head above the water shute and they complain of all sorts of head and neck pain, milking thousands of pounds and then spending it on a new car or holiday, to which they're suddenly perfectly well again.

However, with an injury like yours that could have serious repercussions for your finances and career, then yes, I would pursue compensation to get you through the possible money situations you may face soon, as well as to pay for the heap of painkillers you're probably going through.

Hope your back gets better soon.

 

[Conanius]

so in summary, it had been/was raining, and you stepped on a bit of metal, and now want to sue because you hurt yourself?

without wanting to sound harsh... could you not just use your eyes any have stayed on tarmac? or at least had the common sense to know that as its been wet outside to know it'd be slippery?

Considering the quality of your posts recently, and how switched on you seem in motors, I'm gob smacked that A) you managed to do this and B) your even considering taking legal action.

 

[DB_SamX]

As much as blame and claim culture is bad, the least you can do is try to find out if the council have been negligent in using the right cover or install it. If you find that it is legal and all, then tough luck I am afraid to say. However, if the cover is not the way it is meant to be, then I would say it is their fault. Otherwise they will not learn.

 

[iCraig]

so in summary, it had been/was raining, and you stepped on a bit of metal, and now want to sue because you hurt yourself?

I think his point is that because the area in which he slipped is an essential area to walk on it should have had the non-slip manhole cover.

 

[penski]

Speak to a solicitor.

To win anything, however you'd have to establish that the council/highways agency breached their duty of care and were negligent in the installation of the manhole.

I'm not sure how well you'll do simply because it might be reasonably expected of a person to know that metal when wet is slippery (and to thus take care to avoid it)...

thanks for the reply.

my concern lies with the location of the manhole making it unavoidable and the fact that, had it been a 'traditional' cover, I wouldn't have had to make this thread...

at the time in question, the ground was damp but drying (occasional damp patches).

*n

 

[penski]

thanks for the reply.

my concern lies with the location of the manhole making it unavoidable and the fact that, had it been a 'traditional' cover, I wouldn't have had to make this thread...

at the time in question, the ground was damp but drying (dry everywhere but with occasional damp patches).

*n

 

[daz]

thanks for the reply.

my concern lies with the location of the manhole making it unavoidable and the fact that, had it been a 'traditional' cover, I wouldn't have had to make this thread...

at the time in question, the ground was damp but drying (occasional damp patches).

*n

Speak to a solicitor then and get the wheels in motion. They will be able to advise you a lot more thoroughly than anything we say on here.

 

[Kell_ee001]

See a solicitor and go for it hun Make sure it's no win no fee and you've got nothing to lose.

Good luck mate.

 

[Conanius]

I think his point is that because the area in which he slipped is an essential area to walk on it should have had the non-slip manhole cover.

I'd need to see pictures to see exactly what he's saying, but regardless of that, id imagine anyone should know that would be slippy. it'd be like suing for burning your feet on it if you walked bare foot on it on a scorching hot day.

 

[Defcon5]

Where there's blame...

Given the amount you will pay in council tax in your lifetime, I would jump at the chance to claw some of it back

 

[DB_SamX]

Why have you quoted yourself?

 

[penski]

bum nuggets. that should have been edited...not quoted.

a bit more info: it was at around 23:30 and it had rained lightly at around 10:00 that morning. it was certainly warm enough for both my gf and myself to have been out wearing t shirts and no jackets.

I had half a pint of carling at around 18:00...so I don't think that had any effect on it

*n

 

["andy"]

just think if it was an old woman crossing and she did the same

would probably be dead....


please think of the old wimens

hope your feeling a bit better soon by the way

 

[fini]

I'm afraid to say that I don't think you'll probably get anywhere. Worth seeing a solicitor none-the-less, but I think you're out of luck.

Why do I say this:
The manwhole cover would likely been cleared by someone at somepoint for use with the council. It has thus probably been tested for being 'safe' and found to conform to any applicable standards. Unless there was thus a reason why that particular style of manhole shouldn't have been used at that location (according to proffessionals in that field (Bolam test)) then there wasn't any negligence and thus no claim.

The only way I can see a claim proceeding is via:
The lack of tread on the manhole cover made it forseeable (Donoghue v Stevenson) that this sort of thing would happen. As such the council is in breach of their duty of care to you. This is based on the manhole being unusual poor though. It won't matter that you were unusually unsteady on your feat as you take your victim as you find him (egg-shell-skull rule).

What you need to do now is:
1)Take some pictures of the manhole
2)Find out what you can about that type of manhole - where it is supposed to be used etc
3) go see a solicitor

One final question that may be relevent to having the manhole removed (through judicial review) - how long has that manhole been there - is it new at all?

fini

 

[Jet]

See a solicitor and go for it hun Make sure it's no win no fee and you've got nothing to lose.

Good luck mate.

First of all be clear I am not having a go.

With that in mind, he does have something to lose. All of the companies on TV want to you to think that you have nothing to lose when signing a no win no fee agreement but that's only half right. It's true that if you lose you don't pay your solicitor but what about the person you've sued. If you lose the case you will have to pay their legal fees and costs out of your own pocket. Insurance will protect you from this but that obviously costs money.

Any good solicitor should explain the risks and possible cost consequences. I think this is a valid claim; it should also prevent other people sharing a similar fate.

 

[Dolph]

The big question is likely to be whether it's an approved crossing route or not as far as I can see. What is the purpose of the island? Is it to facilitate crossing or to separate traffic?

 

[penski]

The big question is likely to be whether it's an approved crossing route or not as far as I can see. What is the purpose of the island? Is it to facilitate crossing or to separate traffic?

both. it is part of a long island which seperates the lanes. the route in question is deliniated by dropped kerbs and offset railings. very definitely to facilitate crossing.

fini - thanks for the exacting answers.

the manhole has been there as far as I can recall. I moved here last january.

does anyone know of a paint-style program for windows mobile 5? I could rustle up a quick plan of the area...

*n