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On August 10, 2026, the Central Meteorological Observatory issued a blue typhoon warning, an orange rainstorm warning, and a blue severe convective weather warning simultaneously. Eleven provinces including Zhejiang, Shanghai, Jiangsu, Anhui, Hubei, and Henan will experience heavy to torrential rain, with some areas even seeing extreme rainstorms (250–270 mm). Although Typhoon "White Dolphin" has weakened to a tropical storm, the risks of strong winds, heavy rainfall, and geological disasters caused by the combination of its outer circulation and severe convective cloud clusters should not be underestimated.

In the face of such extreme weather, what ordinary people care most about is perhaps how to take shelter, but as a lawyer in Shenzhen, what I am more concerned about is: after the typhoon and heavy rain, who should bear legal responsibility for the flooded vehicles, damaged houses, and interrupted businesses? Is force majeure a "shield"? What are the intricacies of insurance claims? This article will analyze these practical issues one by one from the perspective of legal practice.

1. Do typhoons and heavy rain constitute "force majeure" in law?

Article 180 of the Civil Code stipulates: "Where a party is unable to perform its civil obligations due to force majeure, it shall not bear civil liability, unless otherwise provided by law. Force majeure refers to objective circumstances that are unforeseeable, unavoidable, and insurmountable." Extreme weather such as typhoons, rainstorms, and floods is generally considered to fall within the scope of force majeure. However, in judicial practice, not all typhoons and rainstorms can "automatically" trigger the exemption of liability due to force majeure.

The key lies in "foreseeability" and "avoidability." The meteorological department had already issued an early warning. If the party performing the contract still fails to take reasonable measures to avoid losses after the warning, the court may find that party at fault and not fully exempt from liability. For example, a warehousing company in Shenzhen, knowing a typhoon was approaching, failed to reinforce the warehouse roof, resulting in goods being damaged by rain. The court ruled that it bore partial liability.

Therefore, businesses and individuals must, before a typhoon strikes, retain weather warning information, take necessary precautionary measures (such as reinforcing doors and windows and relocating belongings from low-lying areas), and keep relevant evidence. This is not only a safety necessity but also the key to legally mitigating or exempting liability.

2. Who will compensate for flooded vehicles and damaged houses?

The most direct losses from typhoons and heavy rains are vehicles being submerged and homes taking on water. For vehicles, if the owner has purchased vehicle damage insurance (including wading insurance), the insurance company should compensate within the scope of coverage. However, it should be noted that after the 2020 comprehensive reform of auto insurance, wading insurance has been merged into the main vehicle damage insurance policy and does not need to be purchased separately. If a vehicle is submerged while stationary, insurance companies typically provide full compensation; if the owner forcibly drives through water causing engine damage, some insurance companies may refuse or partially compensate on the grounds of "man-made loss expansion."

Property damage falls into two situations: if the house leaks during heavy rain due to quality issues (such as substandard waterproofing), the owner may hold the developer liable for breach of contract under Article 577 of the Civil Code; if water backs up and floods the property because the property management company failed to clear the drainage system in a timely manner, the property management company shall bear corresponding compensation liability. If the house is located in a geological hazard warning area and damage is caused by landslides or similar events, it is necessary to determine whether the cause is natural or man-made before identifying the responsible party.

As a coastal city, Shenzhen sees no shortage of such disputes. Lawyers advise taking photos and videos immediately after a disaster to document the losses, and promptly notifying the insurance company and the responsible parties to avoid being unable to claim compensation due to the loss of evidence.

III. If contract performance is obstructed, can the contract be terminated or modified on the grounds of force majeure?

Typhoons and heavy rain often lead to traffic disruptions, logistics standstills, and project delays. Can the affected party terminate the contract or be exempted from liability for breach based on force majeure? Article 563 of the Civil Code stipulates that if the purpose of the contract cannot be achieved due to force majeure, the party concerned may terminate the contract. However, the right to terminate does not arise automatically; it must satisfy the precondition that "the purpose of the contract cannot be achieved."

If it is only a temporary delay and the contract can still be performed, courts generally do not support termination, but liability for breach may be partially or fully exempted pursuant to Article 590 of the Civil Code. For example, if a foreign trade company in Shenzhen is unable to load goods onto the ship on time due to a typhoon, it may claim exemption from liability for delayed delivery from the buyer, provided it can furnish meteorological certificates and notice of port suspension.

In practice, enterprises should do three things: first, promptly notify the other party and provide force majeure certificates (such as certificates issued by the meteorological bureau or government announcements); second, take measures to mitigate losses to avoid further expansion of losses; third, negotiate to modify the contract (such as extending the delivery period) rather than unilaterally declaring termination. If negotiation fails, they may request the court to adjust the contract contents in accordance with the change of circumstances rule under Article 533 of the Civil Code.

4. If workers cannot go to work due to a typhoon, how is their salary calculated?

Typhoons and heavy rain may also affect normal work attendance. According to the "Guangdong Province Meteorological Disaster Warning Signal Issuance Regulations," during the effective period of typhoon yellow, orange, or red warning signals, employers shall suspend work and classes. If the employer fails to suspend work as required, workers have the right to refuse to work under hazardous conditions, and this shall not be considered absenteeism.

For workers unable to report to work due to a typhoon, wage payment needs to be distinguished by circumstance: if the enterprise suspends production and operations, stop-work wages should be paid in accordance with the "Interim Provisions on Wage Payment" (paid normally within one wage payment cycle, and after exceeding the cycle, living expenses should be paid according to local standards); if the enterprise has not suspended operations, but the worker cannot report due to traffic controls, it is recommended to prioritize arranging annual leave or compensatory rest, and make up the work later, so as to avoid directly deducting wages and triggering labor disputes.

Judicial practice in the Shenzhen region tends to protect workers' rights. If a company arbitrarily terminates a labor contract on the grounds of "unauthorized absence," it is likely to be deemed unlawful termination and may be required to pay compensation (2N). Lawyers advise that companies should establish emergency attendance protocols for extreme weather such as typhoons and specify relevant clauses in labor contracts to reduce disputes.

V. Lawyer's Advice: Four Steps to Protect Your Rights After a Disaster

Faced with losses caused by typhoons and rainstorms, both individuals and businesses should protect their rights rationally and in an orderly manner. Step one: preserve evidence, including weather warning screenshots, on-site photos, repair quotations, and police reports. Step two: report promptly by notifying insurance companies, property management, developers, or relevant responsible parties in writing about the losses. Step three: assess liability by consulting professional lawyers to determine whether the situation constitutes force majeure or whether third-party negligence exists. Step four: negotiate or litigate, first attempting negotiation and, if that fails, pursuing resolution through legal channels.

Guangdong Zhiming Law Firm has been deeply rooted in Shenzhen for many years, accumulating extensive experience in fields such as insurance claims, contract disputes, and labor disputes arising from typhoon disasters. If you are suffering losses due to typhoons and rainstorms, please feel free to contact us. We will provide you with professional legal analysis and rights protection solutions to help you minimize your losses.