Shenzhen Zhiming Lawyer Interprets: If a 20 centimeter drop on the sidewalk causes a person to fall and be injured, who should compensate for the defects in municipal facilities
Recently, a citizen of Shenzhen reported on a short video platform that there is a pedestrian walkway in Bao'an District, next to Sinopec Baohua Gas Station on Songbai Road and at the intersection of Dongtangtou No.1 Road. There is a drop of more than 20 centimeters between the sidewalk and the adjacent ground, and there is no gentle slope transition, making it easy for pedestrians to fall and step on it at night. On October 12th, the reporter followed up and found that red construction fences have been erected at the hidden danger points, and gentle slopes have been added at the drop points. Rectification construction is currently underway. During the construction period, pedestrians need to temporarily detour and mix with electric vehicles, adding another layer of risk.
A news article about people's livelihoods with a "step difference" may seem unrelated to the law, but it actually raises an old question: who should bear the cost of damages caused by defects in public facilities such as roads, bridges, and tunnels? Who and how can pedestrians claim compensation for their injuries after stepping on an empty space? This is a typical application scenario of the "liability for harm caused by public facilities" in the tort liability section. Director Lawyer Shen Jinlong from Shenzhen Zhiming Law Firm, based on practical experience, has conducted a review from three aspects: the responsible party, the key points of evidence, and the path of rights protection.
1、 What is the legal nature of a 20 centimeter drop
Article 1258, Paragraph 2 of the Civil Code stipulates that if underground facilities such as manholes cause damage to others and the manager cannot prove that they have fulfilled their management responsibilities, they shall bear tort liability; The first paragraph of the same article specifies that in cases where excavation, repair, or installation of underground facilities in public places or roads causes damage to others, if the construction personnel cannot prove that obvious signs have been set up and safety measures have been taken, they shall bear tort liability. The vertical drop of more than 20 centimeters between the sidewalk and the adjacent ground, coupled with the lack of gentle slopes, is a typical defect in the installation of public facilities. If the management and maintenance unit cannot prove that they have fulfilled their safety and warning obligations, they should bear corresponding responsibilities for the damage caused thereby.
It should be distinguished that such cases are not exactly the same as the safety protection obligations of operators of business premises and public places stipulated in Article 1198 of the Civil Code. The managers of municipal roads are usually units responsible for maintenance such as urban management, transportation, or streets, and their responsibility is based on the obligation to manage and maintain public facilities; And places such as shopping malls and parking lots are subject to safety guarantee obligations. In practice, the plaintiff often needs to first identify the property rights unit and maintenance responsibility unit of the road section before locking in the eligible defendant. When Shenzhen courts hear such cases, they generally review whether the management unit has established a daily inspection mechanism and whether warning signs have been set up in a timely manner after discovering hidden dangers. These details directly affect the division of responsibility.
2、 After a fall, evidence is more important than emotions
Many clients only have a photo of their injuries and a blurry memory when they find a lawyer, which is extremely detrimental to their claims. After representing multiple cases of personal injury compensation, Chief Lawyer Shen Jinlong concluded that the outcome of public facility damage cases is often determined within 72 hours after the incident.
Firstly, fix the site. Under the premise of ensuring personal safety, panoramic and close-up shots of the drop position should be taken, preferably reflecting reference objects (such as curbstones, manhole covers, and surrounding store signs), and a continuous video of approaching and stepping on the empty position from a distance should be recorded to prove that there are no warning signs or fences at that location. Secondly, fixed time and location. Retain the original files captured by the mobile phone, and the shooting time and geographic coordinates in its metadata have high probative value in litigation; If conditions permit, colleagues can be asked to testify or access surveillance footage of nearby shops. Thirdly, seek medical attention promptly and keep all medical records, diagnosis certificates, and medical expense receipts. If the injury may constitute disability, a judicial appraisal should be commissioned after the end of treatment. Fourthly, reporting to the 12345 government service hotline or street and retaining the work order number is not only a way to promote rectification, but also an important clue to prove that the management unit "knows or should know" the existence of hidden dangers.
In terms of compensation scope, according to Article 1179 of the Civil Code, reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization meal subsidies, as well as income reduced due to missed work can be claimed; If it constitutes disability, one can also claim disability compensation and disability assistive device fees; Those who cause serious mental harm may claim compensation for mental harm under Article 1183. If the management unit has obvious negligence in inspection and long-term neglect of hidden dangers, the court usually leans towards it when assigning responsibility.
3、 Starting rectification does not mean zero responsibility
The hidden danger points in the news have been surrounded and constructed, which is a good thing, but there are two legal meanings that need to be clarified. Firstly, rectification is a remedial measure after the fact and cannot automatically exempt the management unit from compensating for damages that occurred before the rectification; On the other hand, if the injured person was injured during the rectification construction period due to detours or mixed traffic of people and vehicles, it may involve the issue of whether the construction unit has set up clear signs and safety measures in accordance with Article 1258 (1) of the Civil Code, and the responsible party will correspondingly shift to the construction personnel. Secondly, the enclosure and gentle slope themselves are objective evidence that the management unit has recognized the existence of safety hazards in the area, which is actually beneficial for subsequent claims.
For ordinary citizens, when encountering situations such as potholes on the road, missing manhole covers, and no gentle slopes on the steps, in addition to reporting and promoting rectification, they should also develop the habit of "taking photos for evidence, seeking medical attention in a timely manner, and reporting in writing". For municipal maintenance units and construction units, establishing a hidden danger ledger, canceling accounts within a specified period, and setting up warning and protective facilities that comply with national standards during construction are the most economical ways to control legal risks. Shenzhen Zhiming Law Firm has been handling personal injury compensation, municipal facility damage, and corporate compliance affairs for a long time. Director Lawyer Shen Jinlong reminds us not to easily trust verbal promises and give up written claims after damage occurs. If negotiation fails, we should file a lawsuit within the three-year statute of limitations in a timely manner to avoid losing the opportunity to win due to loss of evidence or exceeding the deadline. In cases where the responsible party is unclear and multiple parties evade responsibility, entrusting professional lawyers to intervene in the investigation and evidence collection as early as possible can often achieve more favorable results in terms of responsibility allocation and compensation amount.
