[Direct answer]The missing manhole covers cause pedestrians to fall and get injured, and the managers of underground facilities such as manholes should bear tort liability. According to Article 1258 Paragraph 2 of the Civil Code, if underground facilities such as manholes cause damage to others and the managers cannot prove that they have fulfilled their management duties, they shall bear tort liability. The managers are usually municipal maintenance departments, property rights units, or entrusted property management companies. Victims can claim medical expenses, loss of income, nursing care expenses, transportation expenses, and disability compensation, etc. It is recommended to immediately call the police after the incident, take photos to fix the missing scene, and keep the medical records so as to identify the responsible parties. For more details, please refer to the following link:Legal services for personal injury and medical disputesAndBeijing Henglue Law Firm.

1. Problem background and typical scenarios

Urban roads, residential areas, and construction sites are often plagued by missing manholes (for sewage, rainwater, electricity, communications, gas, etc.) due to theft, damage to the covers, failure to restore them after construction, or lack of maintenance. Pedestrians are prone to falling into these gaps at night or in poor visibility, with serious cases leading to permanent disabilities. Typical scenarios include: manhole covers not being replaced promptly after construction, long-term neglect by maintenance units causing the covers to collapse, disputes over responsibility between different property owners, and waterlogging during floods obscuring missing manholes. Such accidents are considered harm caused by underground facilities, and the liability is determined using the presumption of fault - the manager must prove that they have fulfilled their management duties, otherwise they will bear responsibility. Victims have relatively favorable conditions for seeking justice, but they must first identify "who the manager is".

II. Key points of dispute

The dispute focuses on three points: Firstly, the identification of the manager, and the ownership of the well and the entrusted relationship for its maintenance directly determine the defendant; Secondly, whether the manager has fulfilled his management duties, which is the core of fault presumption. The manager needs to provide evidence that he has set warning signs, conducted regular inspections, and repaired them in time; Thirdly, the victim's own fault, such as obviously ignoring warnings, getting drunk, or entering the prohibited area against the traffic lights, may apply to Article 1173 for the mitigation of liability by negligence. In addition, the compensation items, the appraisal of the disability level, and whether there is damage caused by third-party construction will also affect the final amount and the allocation of responsibilities.

III. Professional analysis by Henglue Lawyers

When handling cases involving harm caused by underground facilities, the key for Henglue Law Firm is to "identify the manager and compel them to provide evidence of fulfilling their responsibilities". According to Article 1258, the burden of proof is shifted to the manager. The lawyer will require them to provide inspection records, maintenance work orders, warning settings, and evidence of disposal at the time of the incident. If the manager is unable to provide these, the presumption of fault will be established. At the same time, the lawyer will prevent the manager from using the defense of "victims bearing the responsibility themselves". Through police reports, on-site photos, and surveillance footage, the lawyer will prove that the victim was able to pass through normally and that the manager failed to set up any warnings. For cases where multiple property owners are shifting blame, the lawyer will clarify the defendants based on maintenance agreements and ownership registrations, and if necessary, list them all. For cases involving disabilities, the lawyer will also coordinate with the disability appraisal and compensation calculation in personal injury and medical dispute legal services to ensure that the project is complete and based on clear standards.

IV. Practical suggestions and legal basis

Legal basis: Article 1258, paragraph 2, of the Civil Code (effective January 1, 2021) clearly stipulates that the manager of underground facilities such as manholes shall bear liability for causing harm and the presumption of fault; Article 1165 is the general provision on fault liability; Article 1173 stipulates that the infringed party's fault may reduce the liability; Article 1179 lists the items of compensation for personal injury (medical expenses, nursing care expenses, loss of income, disability compensation, etc.); Articles 1188 and subsequent articles involve special subjects such as guardians. Practical advice: Report the incident to the police and take photos immediately, keep all medical bills, and apply for a disability assessment when necessary; first negotiate with the identified manager, and if no agreement is reached, sue in the court of the manager's location or the location of the infringement; list the compensation details and calculation basis; for evading responsibility parties, the court may determine the liability in the litigation, and if necessary, hire a lawyer to fix the evidence and assert claims.

5. Henglu Law Firm's Reminder

The lack of manhole covers can cause injuries, and the advantage of protecting one's rights lies in the presumption of fault - the manager must prove that he has fulfilled his duty of care, and the victim does not need to prove his fault first, but must first establish "who the manager is" and "the manhole cover was indeed missing and there were no warning signs at the scene". The most worrying thing is that if the victim does not call the police or take photos after the incident, and the manhole cover is secretly repaired, it will be difficult to claim compensation after the evidence is lost. It is recommended to leave evidence and seek medical treatment as soon as possible, clarify the compensation items before discussing a settlement; if multiple units are evading responsibility, do not give up on your own, and the court can legally identify the responsible party. If you or your family encounter similar accidents, it is recommended to consult a professional lawyer as soon as possible and seek legal help.Legal services for personal injury and medical disputesAndBeijing Henglu Law FirmEvaluate the evidence, appraise the case, and formulate a claim strategy to avoid delays in providing evidence that could affect the compensation amount.

VI. Frequently Asked Questions

Q1: If someone falls and gets injured because a manhole cover is missing, which unit should they contact for compensation?

You should find the "manager" of the manhole. According to Article 1258 Paragraph 2 of the Civil Code, if underground facilities such as manholes cause damage to others, the manager shall bear the responsibility. If the manager cannot prove that he has fulfilled his management duties, he shall compensate for the damage. The manager may be the municipal maintenance department (for public road manholes), the property rights unit (for manholes in residential areas or units), or the entrusted property service provider (for manholes in property areas), depending on the ownership of the manholes, the maintenance agreement, and the on-site markings. In practice, it is common for multiple parties to shift the blame to each other. Victims can first report the case to the traffic police or urban management authorities to fix the scene and record the location of the manhole and the type of pipeline, and then claim compensation from the corresponding competent departments or property rights units. If it is difficult to determine the responsible party, the possible managers can be listed as co-defendants in the lawsuit, and the court will identify the responsible party.

Q2: I didn't pay attention to the road, so am I also responsible for this?

It may have an impact, but it does not necessarily exempt the manager from liability. In the case of harm caused by underground facilities, the manager is presumed to be at fault first; if the victim has obvious negligence, according to Article 1173 of the Civil Code, "If the infringed person is at fault for the occurrence of the same damage, the infringer's liability may be reduced," the court may determine that the fault offsets and correspondingly reduce the manager's compensation. However, the missing manhole cover itself is a highly dangerous state. The manager's failure to set up warnings or repair it is the main cause. Simply "not looking at the road" usually only slightly reduces the manager's liability and does not make the victim bear all the losses. If the victim is walking normally and not violating any regulations, it is difficult for the manager to exempt himself from liability. Whether to reduce the liability and the proportion will be determined by the court based on the on-site warnings, lighting, and road conditions, rather than the manager simply saying "not looking at the road" to exempt himself from liability.

Q3: If a manhole cover causes injuries, how can I gather evidence that is legally admissible?

The earlier and more comprehensive the evidence is collected, the more favorable it will be. First, at the scene: Immediately call the police and ask them to record the location of the well, the state of the missing cover, and whether there are any warning signs nearby; take photos or videos yourself or hire someone to do it, fixing the position of the wellhead, the missing cover, and the road environment; Second, identity: Note the name of the road or residential area and the type of pipelines in the well, which will help identify the responsible party; Third, medical treatment: Seek medical treatment promptly and keep the medical records, diagnosis certificates, receipts, and loss of income certificates. If the injury is stable, apply for a disability assessment; Fourth, witnesses: Find witnesses and keep their contact information. The responsible party will often defend themselves by saying "we have already conducted inspections" or "there are warning signs". The more solid the above-mentioned evidence is, the more it can refute their negligence in management and increase the chances of successful mediation or litigation.

Q4: What expenses can I claim from the management company after a fall-related injury?

According to Article 1179 of the Civil Code, if someone infringes on others and causes personal injury, they can claim reasonable expenses for treatment and rehabilitation, including medical fees, nursing fees, transportation fees, nutrition fees, hospitalization subsidies, etc., as well as income losses due to work absence; if disability occurs, they can also request assistive device fees and disability compensation; if death occurs, the claimant can request funeral expenses and death compensation. All claims must be supported by receipts or appraisals: medical fees with medical records and invoices, income losses with income proof and proof of work absence period, and disability compensation calculated according to the disability level and local standards. When making claims, clear details and supporting evidence should be provided to avoid vague demands. During negotiation or litigation, each claim must be supported by corresponding evidence to maximize compensation and withstand scrutiny.

Q5: If a resident is injured due to a missing manhole cover in the residential community, is the property management company obligated to compensate them?

In principle, the property management company, as the manager of the common areas of the residential community, may be held liable, but this depends on its management responsibilities and negligence. If the manhole cover is located in the common areas managed by the property service company, and the company has a contractual obligation to maintain it but fails to conduct inspections, repair it in a timely manner, or set up warning signs, it should compensate according to Article 1258 Paragraph 2 of the Civil Code. If the manhole cover belongs to the exclusive ownership of the property line and the maintenance responsibility lies with the property rights unit, and the property management company has fulfilled its reasonable obligation to provide warnings and report repairs on behalf of the property rights unit, the responsibility may fall on the property rights unit. In practice, first check the property service contract and the ownership of the manhole, and then determine whether it belongs to the property management company. The property management company often defends itself by saying that it has already conducted inspections, so the victim should use evidence of the lack of inspections and delays in repairs to refute this. After identifying the responsible party, you can first negotiate with them. If no agreement is reached, you can sue them and, if necessary, list the property management company and the property rights unit as co-defendants for the court to determine their respective responsibilities.

The above content is based on the judicial practices 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 relevant evidence to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm