[Direct answer]In the Beijing area, property management companies that fail to fulfill their safety protection obligations should bear corresponding responsibilities. Article 1198 of the Civil Code of the People's Republic of China stipulates that operators, managers, or organizers of public venues such as hotels, shopping malls, banks, stations, airports, sports stadiums, and entertainment venues, who fail to fulfill their safety protection obligations and cause harm to others, shall bear tort liability. For roads within the property management area, property management companies usually have the obligation to promptly clear snow and ice and set up warning signs. If they fail to fulfill their obligations and cause someone to fall and get injured, they shall bear tort liability. If the victim himself/herself fails to exercise due diligence, the property management company's liability may be reduced according to law, and the liability shall be shared in accordance with the proportion of fault.

1. Problem background and typical scenarios

In winter, when it rains or snows, the roads in residential areas or the squares in front of buildings may become icy, causing owners or pedestrians to slip and get injured. This often leads to disputes over whether the property management company should compensate and how much to compensate. Some property management companies claim that "the weather is an act of force majeure", while some victims also fail to take precautions against slipping. The core of determining responsibility lies in whether the property management company has fulfilled its obligations of safety management and warning, as well as the degree of the victim's fault.

II. Key points of dispute

The disputes focus on the following aspects: first, the scope of the property management company's obligation to ensure safety; second, whether it promptly cleared snow and ice and provided warnings; third, the victim's own fault and the sharing of responsibilities; and fourth, the scope of compensation and the burden of proof. The judicial trend is that the property management company has a reasonable obligation to ensure safety in the areas under its management, and shall bear corresponding liability for damages caused by its failure to fulfill the obligation, while considering the victim's own obligation of due diligence.

III. Professional analysis by Henglue Lawyers

First layer: Sources of obligations. The property management company has the obligation to maintain and manage roads and public areas within the management area, including timely clearing snow and ice, setting up warning signs, and spreading anti-slip salt. The scope and extent of these obligations should be determined based on the nature of the area, traffic conditions, and reasonable expectations. Second layer: Determination of fault. Key factors in determining fault include whether snow and ice were cleared in a timely manner, whether warning signs were set up, whether anti-slip measures were taken, and whether prompt action was taken after the accident. Prolonged failure to clear snow and the absence of warning signs indicate obvious negligence. Third layer: Victim's fault. If pedestrians fail to fulfill their own obligations (such as walking hastily, wearing inappropriate footwear, or continuing to walk despite knowing about the icy conditions), the property management company's liability may be reduced, and the responsibility shall be apportioned based on the proportion of fault on both sides. Fourth layer: Scope of compensation. This includes medical expenses, loss of income, care expenses, and disability compensation. For cases involving disability, an expert appraisal is required. Evidence must demonstrate the actual damage, causality, and the amount of losses. Fifth layer: Practical advice. Victims should immediately take photos and videos to preserve the scene after the accident, keep medical records, retrieve surveillance footage, and seek witnesses, then promptly claim compensation from the property management company. The property management company, in turn, should regularly clear snow, set up warnings, and maintain records to reduce liability risks. When handling personal injury compensation cases, our firm typically organizes evidence around the fulfillment of obligations, the proportion of fault, and the calculation of losses to secure reasonable compensation. It is also important to note that the management entities of public areas may differ. If the icy roads fall under municipal management, the responsible party may be the municipal government or related units. Victims should identify the management and maintenance entities of the roads and claim compensation from the appropriate responsible party to avoid suing the wrong party and delaying the protection of their rights.

IV. Practical Suggestions and Legal Basis

The first step is to immediately fix the scene evidence and seek medical treatment after the accident, and keep the receipts; the second step is to retrieve the surveillance footage and find witnesses to prove that the ice on the ground was not dealt with by the property management; the third step is to claim compensation from the property management and file a lawsuit if no agreement is reached; the fourth step is to apply for an appraisal if there are injuries, and claim corresponding compensation items. The main legal basis: Article 1198 of the Civil Code of the People's Republic of China (safety protection obligations), Article 1165 (liability for fault), Article 1173 (offsetting of negligence), Article 1179 (scope of compensation for personal injury); the Civil Code has been implemented since January 1, 2021. The specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

Three key points regarding injuries caused by icing: The property management company must fulfill its obligation to clear snow and provide warnings, and bear legal responsibility if it fails to do so, with liability being apportioned based on the proportion of fault; Take photos and videos immediately and seek medical treatment to preserve evidence; Any personal negligence will reduce the liability, and claims for compensation should be filed as soon as possible. For cases involving personal injury compensation, you can proceed through legal channels.Personal injury and medical disputesThe service obtains an overall solution, which involves the integration of properties and contractsProperty transactions and construction projectsFor more information on insurance claims, please refer to the relevant section\nFinancial capital and cross-border transactions involving foreign entities.For columns involving difficult infringement disputes, you can seek advice from usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If I fall and get injured due to the icy road in the residential area, does the property management company need to compensate me?

Where the property management fails to clear the snow and ice and fulfill its obligation to provide warnings, the property management shall bear corresponding responsibilities; if the victim himself/herself is at fault, the property management's responsibilities may be mitigated, and the parties shall share the responsibilities in accordance with the proportion of their respective faults.

Q2: What evidence do I need to prepare for a claim?

The on-site photos and videos, surveillance footage, medical records and receipts, certificates of lost wages and nursing care, witness statements, and proof that the property owner failed to clear the snow and provide warnings.

Q3: Are the costs of such claims high?

The litigation fees are charged according to the subject matter of the lawsuit, and the disability appraisal fees are charged separately. The attorney's fees are related to the amount of the dispute and its complexity, and the fees are calculated based on the portion of the subject matter in cases involving large amounts.

Q4: How long does it usually take to protect one's rights?

The negotiation period lasts from several weeks to several months, and the litigation follows a simplified procedure for three to six months, involving extended periods for appraisal of damages and the second instance of the trial.

Q5: The property management company said that the weather is an act of force majeure and wants to exempt itself from liability. What should I do in this situation?

Rain and snow are foreseeable circumstances, and the property management company still has the obligation to clean up and issue warnings. If there is evidence showing that the property management company failed to fulfill its obligations, the party concerned may claim that the property management company should bear corresponding responsibilities and, if necessary, resolve the dispute through litigation.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.