[Direct answer]In the Beijing area, this is generally undertaken by construction units or road management units. According to Article 1258 of the Civil Code of the People's Republic of China, if any harm is caused to others due to excavation, repair or installation of underground facilities in public places or on roads, and the constructor fails to prove that he has set up obvious signs and taken safety measures, he shall bear tort liability. If potholes are left after construction, backfilling is not done properly, or the road surface is uneven and not repaired in time or without setting up warnings, the construction unit shall bear corresponding responsibility; if the road management unit with the duty of management and maintenance fails to fulfill its obligation of ensuring safety, the victim may claim damages such as medical expenses, nursing fees, and loss of income from the construction and management entities. If the victim himself/herself has obvious faults, the other party's liability may be correspondingly reduced.

I. Problem Background and Typical Scenarios

When riding an electric bicycle or walking through construction sites, if you fall and get injured due to potholes, steel plates, or loose gravel on the road, should you seek compensation from the construction team or the road management department? Related long-tail searches focus on "Who should I blame for falling into a pothole on the road?", "Liability for damage caused by road construction", and "Is the construction company responsible if they fail to set up warning signs?". Roads are public places, and both the construction and maintenance entities have obligations to ensure traffic safety.

II. Key points of dispute

The controversy focuses on four points: first, whether the construction workers have fulfilled their obligations of warning and safety protection; second, whether the road management units have other responsibilities; third, the impact of the victims' own faults; and fourth, how to determine the responsible parties and provide evidence.

III. Professional analysis by Henglue Law Firm

The first layer is the presumption of liability for the contractor's fault. When the contractor conducts construction work in public places or on roads, they have the obligation to set up clear signs, adopt protective measures such as fencing and lighting, and take other precautions for passers-by. If they cannot prove that they have fulfilled these obligations, they should bear responsibility. Therefore, the warning and protection records and photos from the construction site are important evidence for exemption from liability. The second layer is the responsibility of the management unit. Road management and maintenance units are responsible for inspecting and maintaining the road conditions. Long-term unaddressed potholes and damage may lead to their liability. They may share joint or supplementary liability with the contractor. The third layer is the offset of fault. If the victim was speeding, driving against traffic, driving without lighting at night, or failed to notice clear warnings, the proportion of compensation paid by the liable party may be reduced accordingly, but the burden of proof lies with the liable party. The fourth layer is claims and evidence collection. After the accident, it is necessary to promptly report to the police, photograph the scene and the pothole conditions, preserve medical treatment materials and proof of lost income, and identify the construction and maintenance entities. If there are multiple entities involved, they can be sued together, and the court will determine the liability ratio. Henglue Law Firm reminds that evidence from the construction site and road surface is easily concealed or tampered with, so evidence collection must be timely. Additionally, if it can be proven that the potholes have existed for a long time and the management unit has been aware of them but failed to address them, the management unit's liability will be more clear. Conversely, if the contractor has set up warnings and repaired the potholes in accordance with regulations, their liability may be reduced accordingly. It should be emphasized that passers-by should indeed exercise caution when passing through construction sites, but the construction and maintenance parties cannot evade their statutory obligations to set up warnings and take safety measures by simply saying "pedestrians should be more careful".

IV. Practical suggestions and legal basis

Action list: First, report the accident to the police in time and fix the scene and evidence of potholes and injuries; Second, identify the main entities responsible for construction and road management and maintenance; Third, keep medical bills and certificates of lost working time; Fourth, if no agreement can be reached, file a lawsuit for personal injury compensation. Main legal basis: Articles 1173, 1179, 1188, and 1258 of the Civil Code of the People's Republic of China (effective from January 1, 2021); relevant provisions of the Regulations on Urban Road Management (revised in 2019). For personal injury and medical disputes, you can seek legal assistance through the following channels:Personal injury and medical disputesThe team handles matters related to construction projects and contracts, which can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglue Law Firm's Reminder

Three key points regarding injuries from potholes: Contractors may be held liable if they cannot prove that they have installed warning signs and protective measures; road management units may also be held accountable for failing to fulfill their maintenance obligations; and it is important to act quickly to report the incident and take photos at the scene, as the damage can often be repaired easily. In cases involving personal injury, legal action can be taken through the appropriate channels.Personal injury and medical disputesFor team-based arrangements, please consult us if you have any questions regarding construction projectsBusiness and contract disputes in enterprisesFor disputes involving difficult infringements, you can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Who should I hold accountable if I get injured from potholes on the road?

It is generally undertaken by the construction unit or the road management unit. If the constructor cannot prove that he has set up obvious signs and taken safety measures, he shall bear responsibility; if the management and maintenance unit fails to fulfill its obligation of ensuring safety, it shall bear corresponding responsibility, and the two parties may be listed as defendants together.

Q2: Liability for damages caused by road construction?

When the fault presumption applies, the constructor shall bear responsibility if he fails to prove that he has set up obvious signs and safety measures; if the potholes left over from the project are not repaired in time or no warning signs are set up, the constructor and the management unit with the duty of maintenance shall bear responsibility according to their respective faults.

Q3: Is the contractor responsible if they fail to set up warning signs during construction?

They should be held accountable. It is the statutory obligation of the construction workers to set up clear signs and take safety measures. If they fail to fulfill their obligations and cause others to fall and get injured, they should bear the liability for infringement compensation; the burden of proof lies with the construction workers.

Q4: Will I get less compensation if I didn't see the road clearly?

It's possible. If the victim has obvious negligence, the liability party's compensation ratio can be reduced accordingly, but the party claiming the victim's fault should provide evidence; the court will determine the division of responsibilities based on the degree of fault of both parties.

Q5: What evidence is needed for a claim?

Alarm records, photos and videos of the scene and potholes, medical records and receipts, proof of loss of work and income, and information about the construction and management entities, etc. Since the scene is prone to being repaired, evidence should be secured as soon as possible.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.