How much is the compensation for pedestrians stepping on the manhole cover?

There are various disputes over compensation for damage to manhole covers, which are mainly divided into the following four types:

1, the owner of the manhole cover is the management subject of the manhole cover, and there are defects in the daily maintenance of the manhole cover, and the victim claims damages;

2. In addition to the subject of manhole cover ownership, there is also a separate subject of manhole cover management. The manhole cover management subject has defects in the daily maintenance and repair work of the manhole cover, and the victim claims damages;

3. The administrative subject of the manhole cover has management defects, and the victim claims damages;

4. The perpetrator used theft and other means to destroy the manhole cover facilities, and the victim claimed damages.

Details are as follows:

1. The first kind of compensation dispute, that is, the damage dispute caused by the owner of the manhole cover, can start the administrative liability compensation mechanism if it cannot be determined that the owner of the manhole cover is liable for compensation-the administrative organ that does not act or violates the law will be liable for compensation; If the administrative organ does not have management defects, it can start the social responsibility compensation mechanism of social assistance and liability insurance.

2. In the second category of compensation disputes, first of all, when the subject of manhole cover ownership and the subject of manhole cover management are two different units, the subject of manhole cover management shall be liable for compensation. For example, the main body responsible for the damage of manhole covers in residential quarters should be the property company, the main body of manhole cover management; Secondly, if we can't find the management subject of the manhole cover, we can also start the solution of the first kind of disputes: the administrative organ with management defects should bear the liability for compensation or provide relief to the victims through social assistance and liability insurance.

3. In the third category of compensation disputes by administrative organs, firstly, the administrative organs have specific obligations of manhole cover management, such as daily maintenance and inspection of municipal manhole cover facilities and repair in specific emergencies. When there are specific administrative omissions or illegal management defects, they should be liable for compensation to the victims. Secondly, the practice of municipal management should promote and improve the new urban management mode of "10,000-meter unit grid" in every city, and put an "identity" code on every manhole cover in the city to avoid the tragedy of manhole cover damage from the root.

4. The fourth category of compensation disputes involving the responsibility of the manhole cover thief. If the person directly responsible, namely the manhole cover thief, has not been brought to justice for a long time or is unable to pay, the compensation mechanism of other relevant civil liability subjects, administrative liability subjects and social liability subjects should be started: the civil liability of the manhole cover owner or manager and the liability caused by the management defects of administrative organs should be investigated; If the subject of manhole cover ownership or manhole cover management can prove that it has fulfilled its management obligations and the administrative organ has no management defects, it shall start social assistance and liability insurance to make up for the losses of the victims.

To sum up, the specific compensation items and amount can only be determined according to the results of disability appraisal level, the income level of the injured and personal factors, and then consultation can be made. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid. If no agreement can be reached, it can be settled through litigation.

Legal basis:

Article 1 179 of the Civil Code of People's Republic of China (PRC).

Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.