A manhole cover in Warwick collapsed when a mother - whose toddler son was standing inches away from her - stepped on to it, causing her to fall inside.
Now Tara Cox, who has suffered knee, thigh and hip injuries, plans to take Warwick District Council, which owns the land at Lyttleton Road, to court over the incident.
Eighteen-month-old Tyler was only a step away from being the one to fall into the two-metre-deep drain - but it was his mum instead whose leg went straight into it when she rushed over to him after he tripped on the grass last Thursday morning.
Speaking afterwards, she said: “My friends had to pull me out.
“Luckily, I haven’t broken anything, but I have torn all the ligaments in my knee and thigh and I have damaged my hip which I have had problems with before.
“Tyler was in hysterics. It was horrible. If he had stepped where I did, he would have gone in.”
Ms Cox said she was and continues to be in a lot of pain following the incident. She is currently not working as she has taken time out of her care worker job to look after Tyler, who has recently been unwell. But she has been unable to go about her normal tasks due to the pain.
She said: “I am able to move, but it’s a great struggle and I am finding it really difficult to do day-to-day things with my little boy. I cannot bathe him.
“Luckily my family and neighbours have been able to help, but I am furious and so are all the other people who saw it happen.”
Ms Cox said she had been told by a council officer that the concrete over the manhole had worn away due to the repetitive use of lawnmowers over its surface. The cover has since been replaced and raised.
A spokesman for Warwick District Council said: “After the incident and on the same day, Severn Trent’s contractors fitted a new cover.
“As a precaution and on the same day, Warwick District Council conducted an inspection of the immediate area and reported to Severn Trent concerns with any other covers.
“We are sorry to hear of Ms Cox’s unfortunate incident and wish her a full and speedy recovery.”