Alleyway Renovation Completed in Songgang, Shenzhen: Who Is Liable When Potholes Cause Pedestrians to Fall and Be Injured? Lawyer Explains Municipal Management Liability

Recently, the lane renovation and upgrading project on the southwest side of Jule Road in Songtao Community, Songgang Subdistrict, successfully passed completion acceptance. This convenient passage, located adjacent to a densely populated residential area, had been in use for many years and subjected over the long term to repeated traffic by pedestrians and non-motorized vehicles. As a result, the road surface had developed multiple cracks, potholes, and areas of subsidence; some drainage facilities were not functioning properly, causing serious waterlogging on rainy days; and lighting facilities were inadequate, posing significant safety hazards for elderly people and children traveling at night. The project involved a total investment of RMB 470,900 and a total renovation area of approximately 1,110 square meters. By resurfacing and hardening the road, dredging the drainage system, standardizing inspection wells, reorganizing utility lines, and addressing deficiencies in lighting, it comprehensively improved the environmental quality of the street and lanes.

From the residents’ perspective, this is a good livelihood initiative that improves travel. From a lawyer’s perspective, however, the long-standing potholes, standing water, and inadequate lighting in this alleyway before its repair were in fact public safety hazards that persisted for a period of time. If, during that period, a resident fell and was injured because of a damaged road surface, slipped because of standing water, or was involved in a collision because of inadequate lighting, who bears liability and how to seek compensation are questions that many Shenzhen residents care about but do not quite understand. This article, in light of the relevant provisions of the Tort Liability Part of the Civil Code, outlines the boundaries of legal liability and avenues for rights protection in cases of harm caused by defective municipal road management.

I. Why the Management and Maintenance Unit May Be Liable When a Pothole on the Road Causes a Person to Fall and Be Injured

Many residents hold a simple belief: roads are public property, so if they fall, they can only resign themselves to bad luck. This belief is not legally accurate.

Article 1258 of the Civil Code provides that where objects obstructing passage are piled, dumped, or spilled on a public road and cause harm to others, the actor shall bear tort liability; if the public road manager cannot prove that it has fulfilled obligations such as clearing, protecting, and warning, it shall bear corresponding liability. Although the literal wording of this article addresses “piled, dumped, or spilled” objects, in judicial practice, courts’ determination that a “public road manager has failed to fulfill its safety protection obligation” is not limited to this scenario. Long-term road surface damage, unrepaired potholes, undrained standing water, and missing lighting may likewise be found to constitute management and maintenance defects.

A more direct legal basis is the provisions on the duty of safety protection in Article 1198 of the Civil Code, and the general clause on fault liability in Article 1165. Managers and maintenance units of municipal roads owe duties regarding public roads, including routine inspections, timely repairs, and the installation of warning signs. If they know that obvious potholes or subsidence exist on the road surface but fail to address them for a long time and also fail to install any warning signs, causing a pedestrian to fall and be injured, the managing party is at fault and should bear compensation liability within the scope of its fault.

In local judicial practice in Shenzhen, cases in which pedestrians are injured due to inadequate maintenance of municipal roads are not uncommon. Courts generally examine three key points: first, whether the road surface defect objectively exists and has reached a degree sufficient to cause injury; second, whether the managing party knew or should have known of the defect; and third, whether the managing party took reasonable protective or warning measures. If all three are established, it is difficult for the managing party to be exempted from liability.

II. Different Rules of Liability Attribution Apply to Accidents Occurring During Repair Construction.

It is worth noting that this alleyway repair constitutes construction work. If a resident is injured during the construction period, the applicable law will be different.

Article 1258, paragraph 2 of the Civil Code provides that if, in a public place or on a road, a person excavates, repairs, or installs underground facilities, etc., causing damage to another person, and the constructor cannot prove that obvious signs have been set up and safety measures taken, the constructor shall bear tort liability. In other words, if an accident occurs during construction, the burden of proof lies with the construction party; the construction party must prove that it has set up obvious signs and taken safety measures, otherwise it will bear liability. This is contrary to the general tort rule that the party who asserts must prove, and is more favorable to the victim.

In the specific context of alleyway repairs, the contractor should at least: set up fencing or warning cones in the work area, install reflective warnings or lighting at night, cover or temporarily harden excavated road surfaces, and provide reasonable notice of periods that may affect passage. If the contractor merely stretched a rope and put up an inconspicuous sign, courts generally find that it has not met the standard of obvious signs and safety measures.

In addition, if the construction contractor is performing work commissioned by a subdistrict office or a community, the victim may name both the construction contractor and the managing party as defendants, and the court will apportion liability based on the degree of fault of each party.

III. What Evidence Needs to Be Prepared for a Claim, and Key Points in Lawyers’ Practice

In cases involving harm caused by municipal roads, the victim’s loss or low compensation is often not due to a lack of legal basis, but to insufficient evidence.

First, on-site evidence is key. After an accident, photographs and videos of the scene should be taken immediately, capturing potholes, standing water, and lack of lighting on the road surface, with attention to preserving time stamps and location information. If circumstances permit, record a continuous video walking from a distance toward the accident point, which can directly reflect how obvious the defect was.

Second, police and medical records must be complete. Call 110 or the 12345 government service hotline and request a police response record or work order number; this is important evidence to prove the time and place of the accident. When seeking medical treatment, retain medical records, diagnostic certificates, and expense receipts. If the injury constitutes a disability, you must also apply for a judicial appraisal after treatment is concluded.

Third, pay attention to securing evidence that the managing party knew or should have known. For example, whether residents had previously complained about this road section, whether the community had received any reports, and whether there are maintenance work order records. Such evidence can be obtained through government information disclosure applications or by applying to the court for collection during litigation.

Fourth, do not miss the statute of limitations. Article 188 of the Civil Code provides that the limitation period for requesting a people's court to protect civil rights is three years, counted from the date when the right holder knows or should know that the right has been harmed and who the obligor is. In cases of compensation for personal injury, if the injury is obvious, the period is counted from the date of injury; if the injury was not discovered at the time, it is counted from the date of diagnosis.

IV. Urban Governance Through the Lens of an Alley: How Residents Use the Law to Advance Problem Solving

The repair of this alley in Songtao Community followed a subdistrict-led, publicly funded approach. In reality, however, not every damaged alley can be promptly included in the repair plan. If residents find obvious safety hazards on nearby roads, they can, rather than only waiting, proactively use legal and administrative means to push for a solution.

First, report issues through the government service hotline and the public opinion rapid-response platform, and retain the work order records. These records are both the basis for urging the management party to perform its duties and key evidence for proving, if an accident occurs in the future, that the management party knew or should have known.

Second, if the managing party remains inactive for a long time after receiving reports, residents may, in accordance with the Regulations on Open Government Information, apply for disclosure of the maintenance plan and repair records for that road section, thereby forcing the managing party to respond.

Third, for personal injuries that have already occurred, do not give up a claim for compensation merely because the road is public property. The adjudicative standards of Shenzhen courts in cases involving harm caused by municipal management defects are relatively mature; as long as the evidence is solid, it is not uncommon for victims to obtain compensation.

Guangdong Zhiming Law Firm is located in Shenzhen and has long handled cases involving personal injury compensation, harm caused by municipal public facilities, and construction torts, and is familiar with the adjudication approaches and evidentiary requirements of courts in all districts of Shenzhen. If you or a family member has been injured in Shenzhen due to road surface defects, construction without warnings, lack of lighting, or other causes, it is advisable to consult a professional lawyer as early as possible and preserve the evidence before it is lost, so as to avoid difficulties in safeguarding your rights due to missing the opportunity.