Council don’t accept liability for my falll so who’s to blame??

sammyjo92

First post on this site ***

back in may 2019 I was taking one of my 3 children to school- I safely got the 2 boys out of my vehicle then went back to take my daughter out. after also safely placing her into her buggy I returned to my car to close the back passenger door which was kerb side. 

As I done this within seconds I was on the floor! I had fallen down a faulty utility drain (the whole drain had caved in I’m not a large person neither to have caused it to move). My whole right leg was down the drain and I instantly felt pain, along with it damaging my trainees and jeans. 

After finally being able to get up and hobble into the school to drop my son off I called the council immediately to make them aware that the drain cover was open as it could be a risk to other school children in the area! 

I went to see my GP the same day who diagnosed swelling and bruising, and within a day or two I started to get back pain which ended up being excruciating and my GP diagnosed a slipped disc! This continued for 7-8 weeks I was given strong tablets for the pain.  

This also affected the care I could give my children. (My eldest 10 is disabled and needs all help as in lifting in and out of bath and bed, changing pads getting dressed and general everyday care needs) having the slipped disc significantly affected my ability to be able to not only care for him fully but also my 2 other children (2&4years) 

I eventually made a claim for compensation. This has now been refused by the council as they do not accept liability. 

I spoke with a solicitor who said they were willing to take my claim on as a no win no fee case (sent over all pictures from when it happened along with the broken drain, bruising, swelling, gp report and damaged items) 

they have now contacted me to say they can’t do nothing on a no win no fee case as there isn’t enough evidence the drain was faulty before I fell down it 🤔 and also added in their report the drain was to be inspected every 6 months and that the last date of the inspection was actually 6 months and 1 weeks from the date of my fall! Surely that already clearly states it was already a week overdue. It’s also been documented that on the day my fall was reported virgin media who owns the utility drain fixed a fault the same day after I reported my fall. 

I’m literally at a loss end with it all and not really sure what I can do next? Any advice would be greatly appreciated!! 

tacpot12

You have found that no-one was negligent for the failure. Sometimes things just happen. I think you’ll just have to accept that accidents happen even when no-one is to blame. This is why it is important to have Income Protection insurance, because you at not always going to get compensation if something bad happens to you. 

suejb2

1. an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury.

          an event that happens by chance or that is without apparent or deliberate cause.

I am genuinely sorry for what happened.