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Introduction

Recently, Deng Xu, a lawyer of JAVY Law Firm, accepted an interview with Beijing TV Station's "Beijing Chamber" column, and conducted relevant legal interpretations on the ”manhole cover wounding incident”.

Although the manhole cover is small, it has a major bearing on the "safety under the feet" of the people. In recent years, "manhole killing and wounding" incidents have occurred from time to time.

Taking Beijing as an example, searching in the Yuandian Judicial Case Database can find a total of 20 judgments concerning infringement liability disputes involving manhole cover wounding in recent years. Such judgments are mainly divided into four types: one is that the manhole cover is missing or not tightly closed, causing pedestrians to fall into the well and injured; the other is that the manhole cover is missing, damaged, or sinking, causing the driving vehicle to lose control, causing self or others injury; It was the management unit's negligence of duty, and others opened the manhole cover without authorization, causing injury to themselves or others; fourth, when a vehicle passed the manhole cover, it caused the manhole cover to fly up and hurt others.

In response to the manhole cover wounding incident, Beijing TV's "Beijing Chamber" column specially invited Deng Xu, a lawyer from JAVY Law Firm, to conduct relevant legal interpretations.

The program was aired on the Beijing Satellite TV News Channel on November 28.

Who should bear the legal responsibility in tort liability disputes such as manhole cover wounding?

Attorney Deng Xu said that the incident of wounding on the manhole cover is a dispute over tort liability. According to the relevant provisions of the Civil Code, if the perpetrator infringes on the civil rights and interests of others and causes damages due to his fault, he shall bear the tort liability. In tort liability disputes, the responsibility of each party will be determined based on the fault of each party. If the accident is caused by the defect, displacement, or sinking of the manhole cover or rain grate, the management unit of the manhole cover will bear corresponding responsibilities.

If pedestrians, non-motor vehicles, and motor vehicles fail to identify the manhole cover in time, or if there is a violation of the Road Traffic Safety Law and related laws and regulations, such as speeding, vehicles not meeting the road standards, or drunk driving, they must also bear certain liabilities or responsibilities.

How to determine the management unit of the manhole cover?

Attorney Deng Xu believes that, according to the "Beijing Urban Road Management Measures", if the manhole cover or rain grate is damaged, displaced, or sunk, which affects traffic and safety, the relevant property right unit should fill in the gap or repair it in a timely manner. According to the above regulations, the property right unit will bear the responsibility for manhole covers on urban roads.

The "Beijing Drainage and Reclaimed Water Management Measures" stipulates that the owner is responsible for the operation and maintenance of dedicated drainage and reclaimed water facilities, and bears the corresponding funds. The property management in the residential area will be the responsibility of the owner or the property service enterprise entrusted by him; if there is a residential management unit, the residential management unit will be responsible. The public drainage and reclaimed water facilities of towns (townships) and villages are organized, operated and maintained by the local town (township) people's government.

How to protect rights in a manhole cover wounding incident?

Attorney Deng Xu said that if similar injuries occur to pedestrians, non-motor vehicles, and motor vehicles, they should pay attention to the preservation of evidence. The evidence of the accident should be preserved by taking pictures of the scene, calling the police in time, looking for witnesses at the scene, and calling surveillance videos afterwards. If you incur medical expenses, lose-work expenses and other expenses afterwards, you should pay attention to keeping the corresponding vouchers.

If underground facilities such as manholes cause damage to others, and the manager cannot prove that he/she has fulfilled his or her management duties, he or she will bear tort liability. As for whether the property rights unit has fulfilled its management duties, the property rights unit will bear the burden of proof.

In the end, it is necessary to find the property right unit or management unit of the manhole cover according to the above-mentioned principles, and negotiate with the other party to resolve it. If the final negotiation fails to reach an agreement, it is recommended to file a civil lawsuit to protect his or her legal rights and interests.