Thomas was driving along Rosemount Road in Dundee when it had been raining heavily. Unbeknown to Thomas, one of the drain covers on the road had collapsed due to water pressure from below. The front wheel of Thomas's car went into the drain, causing sufficient damage to the vehicle resulting in it being a write off and causing him to sustain injury to his neck and back.
How we helped our client
This was a complex case. Although the Roads Authority had responsibility for the overall safety of the road, the drain was the responsibility of Scottish Water. We had to obtain a plan of the drainage system and then have the system inspected by a drainage engineer. He found there was a design fault in the drainage system which was forcing water back uphill underneath the drain cover which caused the cover of the drain to collapse after heavy rain. Both the Roads Authority and Scottish Water had approved the design plan before the drainage system was built. Consequently we could argue:-
- That the Roads Authority had knowingly approved a faulty design for the drainage system; and
- That they knew or ought to have known about the ongoing problem with the collapse of the drain cover but did nothing to resolve it.
We intimated a claim to the Roads Authority. Their insurers denied liability and so we proceeded with raising a court action against them. These were defended. In addition to the report from the engineer, we instructed medical reports regarding Thomas's injuries and from an engineer regarding the write off value of his car. Surprisingly although the Roads Authority could have called in Scottish Water as an additional Defender in the case they chose not to do so. The case went to a final hearing or trial. The court ruled in favour of Thomas. He was awarded compensation, the updated value of which is £6,500 today.
Testimonial
Thomas said: "I was pleased with the way Lindsays went about looking into my claim. Both the Local Authority and the Water Authority offered no help concerning the investigations into my claim. They delayed and obstructed inquiries into my claim. I was pleased with the compensation Lindsays recovered on my behalf.
