What to Do When Vehicles Are Submerged and Houses Damaged Under Guangdong's Yellow Rainstorm Warning? Shenzhen Lawyer Explains Claims and Liability Determination
The Central Meteorological Observatory continued to issue a yellow warning for heavy rain at 6:00 a.m. on August 14, forecasting that most of Guangdong, western Guangxi, and other areas will experience heavy to torrential rain, with some parts of southern Guangdong facing extremely heavy rain accompanied by short-duration intense precipitation and thunderstorm gales. As a coastal city, Shenzhen faces severe challenges every flood season, with problems such as flooded vehicles, leaking houses, and work stoppages caused by heavy rain emerging one after another. In the face of disasters, besides taking preventive measures, ordinary people are more concerned about: who will compensate for the losses? How is liability determined? From a lawyer's perspective, this article analyzes the legal risks and rights protection pathways in heavy rain disasters, based on the Civil Code and relevant judicial interpretations.
Does heavy rain constitute force majeure? Legal determination has its nuances.
Whenever there is a rainstorm disaster, "force majeure" becomes a common excuse for all parties to evade liability. Under Article 180 of the Civil Code, force majeure refers to objective circumstances that cannot be foreseen, cannot be avoided, and cannot be overcome. Whether a rainstorm constitutes force majeure cannot be determined on a case-by-case basis in a blanket manner.
In judicial practice, courts typically make a comprehensive determination by considering factors such as the issuance of meteorological warnings, the intensity of the disaster, and the parties' ability to foresee the event. If the meteorological department has already issued an advance warning, yet the relevant party still fails to exercise reasonable care, it may not constitute force majeure. For example, in a case involving a property management company in Shenzhen, the company failed to promptly inspect the underground garage drainage system after a rainstorm warning, resulting in the flooding of owners' vehicles. The court held that the property management company was at fault and could not be exempted from liability on the grounds of force majeure.
For ordinary people, property damage caused by taking evasive actions during heavy rainstorms—such as scratches incurred while urgently moving vehicles—can generally be claimed for exemption or reduction of liability based on the principle of necessity. However, if a vehicle is knowingly parked in a low-lying area when a storm is clearly approaching, the owner may bear partial losses due to their own fault.
If a vehicle is flooded, will the insurance company compensate? It depends on vehicle damage insurance and flood insurance.
The most common loss in heavy rainstorms is water damage to vehicles. According to the Insurance Law and the Model Clauses for Commercial Motor Vehicle Insurance, following the comprehensive reform of auto insurance in 2020, water damage coverage has been incorporated into the scope of vehicle damage insurance. This means that as long as the vehicle owner has purchased vehicle damage insurance, losses caused by natural disasters such as heavy rain and floods, including repair costs resulting from engine water ingress, should generally be compensated by the insurance company.
However, it should be noted that if a vehicle stalls while driving through water and the engine is restarted, causing engine damage, insurance companies typically refuse compensation on the grounds of "man-made expanded losses." There was a case in Shenzhen where a vehicle owner forced through a flooded section of road, and after the engine stalled, restarted the ignition. The insurance company refused to pay for engine repairs based on the exclusion clause, and the court's ruling supported the insurance company.
Lawyer's advice: After a vehicle is submerged, do not attempt to restart the engine. Turn off the ignition immediately and call the insurance company to report the claim. Preserve photos and videos of the scene, and contact a tow truck company to move the vehicle to a safe area. If the insurance company refuses to compensate, you may assert your rights in accordance with the insurance contract terms and the relevant provisions of the Insurance Law, and apply for a third-party appraisal if necessary.
When a home leaks and items are damaged, how is responsibility divided between the property management company and the developer?
Heavy rain causing housing leaks or community waterlogging—who should homeowners hold responsible for their losses? First, it is necessary to clarify the cause of the leakage. If it results from construction quality issues (such as exterior wall seepage or roof waterproofing layer failure) and falls within the warranty period, the developer shall bear liability for repair and compensation. Pursuant to Article 40 of the Regulation on the Administration of Construction Project Quality, the minimum warranty period for roof waterproofing works and the anti-seepage of waterproofed bathrooms, rooms, and exterior walls is 5 years.
If the leakage results from the property management company's failure to fulfill its management duties—such as failing to clear drainage pipes in a timely manner or failing to inspect waterproofing facilities in public areas—the property management company shall bear corresponding liability. Article 942 of the Civil Code stipulates that property service providers shall, in accordance with the agreement and the nature of the property's use, properly repair, maintain, clean, landscape, and manage the commonly owned parts within the property service area, maintain basic order within the property service area, and take reasonable measures to protect the personal and property safety of the owners.
In practice, after a rainstorm flooded an underground parking garage in a Shenzhen residential complex, causing damage to owners' vehicles, the court found that the property management company had failed to prepare sandbags in advance and failed to promptly notify owners to move their vehicles, constituting management negligence, and ordered the company to bear 30% of the compensation liability. When asserting their rights, owners should preserve evidence such as photos of water leakage, repair quotations, and records of communication with the property management company, and apply for housing quality appraisal when necessary.
If heavy rain causes work stoppages and production halts, how should wages be paid? How is a work-related injury determined?
During heavy rain warning periods, the government may require work and classes to be suspended. According to the Regulations of Guangdong Province on Meteorological Disaster Prevention, during the effective period of typhoon yellow, orange, and red warning signals, employers shall reasonably arrange workers' working hours based on factors such as the work location, nature of work, and disaster prevention and avoidance needs. If workers are unable to report to work normally due to heavy rain, how should their wages and benefits be calculated?
According to Article 12 of the Interim Provisions on Wage Payment, where a work stoppage or production suspension caused by reasons other than those attributable to the employee occurs within one wage payment cycle, the employer shall pay wages in accordance with the standards specified in the labor contract. That is to say, if a company suspends operations due to heavy rain, the company shall pay wages as usual during the suspension period if it is within one month. However, if an employee fails to report for work due to their own reasons, the absence shall be treated as personal leave.
Is an injury sustained while commuting to or from work during heavy rain considered a work-related injury? According to Item 6 of Article 14 of the Regulations on Work Injury Insurance, an injury sustained during the commute to or from work due to a traffic accident for which the employee bears no primary responsibility, or an accident involving urban rail transit, passenger ferry, or train, shall be recognized as a work-related injury. However, if a slip or fall caused by heavy rain does not constitute a traffic accident, it is generally difficult to recognize it as a work-related injury. For example, an employee in Shenzhen fell and fractured a bone while riding an electric bicycle to work on a rainy day due to slippery roads. The traffic police determined it to be a single-vehicle accident, and it was not recognized as a work-related injury.
Lawyer's Advice: Four Steps to Protect Your Rights After Rainstorm Disasters
In the face of rainstorm disasters, both individuals and businesses should develop awareness of legal risk prevention. First, pay close attention to weather warnings in advance, take measures to transfer and protect property, and retain relevant records to prove that you have fulfilled your reasonable duty of care. Second, immediately preserve evidence after the loss occurs, including photos, videos, meteorological certificates, repair invoices, communication records, etc., as this serves as the basis for subsequent claims. Third, promptly report the loss to the insurance company, and pay attention to exemption clauses in the insurance policy to avoid claim denials due to improper handling. Fourth, if the responsibility involves property management, developers, or government departments, attempt negotiation first; if negotiation fails, you may file a complaint with the housing and urban-rural development department or initiate litigation.
Guangdong Zhiming Law Firm has been deeply rooted in Shenzhen for many years and has accumulated extensive experience in areas such as property damage compensation caused by disasters, insurance contract disputes, and labor disputes. If you have suffered losses due to heavy rain, you are welcome to consult our professional lawyers. We will provide you with targeted legal solutions to safeguard your legitimate rights and interests to the greatest extent.
