Who is responsible for the manhole cover injury?

The owners or managers of underground facilities such as manhole covers and manholes are dangerous, but the managers can improve or avoid the damage or reduce it to a minimum through management.

Managers have the obligation to ensure the safety of underground facilities such as manholes, and shall timely inspect, maintain and repair them to ensure the safety of the facilities. If damage is caused by underground facilities such as manhole, the administrator shall bear the burden of proof without fault. If the administrator cannot prove that he has fulfilled his management duties, he shall be liable for compensation to the victims.

The manhole cover on the road was stolen for many days. After receiving the report notice, the management department has been ignoring it. If someone falls into a well in the dark and is injured, the management department should be liable for compensation.

Only the management department can prove that it has fulfilled its management responsibilities, such as fencing the pit and making clear warning signs, can it be considered irresponsible.

As the manager of the public area of the community, the property management company has the management obligation to the manhole involved. The property management company has omissions and defects in the management and maintenance of underground facilities such as manholes with potential safety hazards in the community, and fails to fulfill its management responsibilities, and shall bear corresponding liability for damages according to law.

In addition, the victim, as an adult with full capacity for civil conduct, should pay attention to the ground situation. Due to the failure to pay due attention, I fell into the manhole and was injured. I have certain faults and should bear corresponding responsibilities.

The water company is responsible for the management of the manhole cover, and the road maintenance department is responsible for the management of the pavement. Although there is no intention or negligence between them, if the infringement is directly combined with the same damage, it constitutes a joint infringement and should bear joint liability according to law.

At the same time, if two or more people do not have the same intention or negligence, but the same damage result is caused by the indirect combination of several acts they respectively carry out, they shall bear corresponding liability for compensation according to the size of negligence or the proportion of causes.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 1258 If underground facilities such as manhole cause damage to others, and the manager cannot prove that he has fulfilled his management obligations, he shall bear tort liability. Therefore, if a pedestrian steps on a manhole cover and falls into a sewer and is injured, unless the manager can prove that he has fulfilled his management obligations, the CMC management unit or manager shall bear the tort liability.

Article 1252. If buildings, structures or other facilities collapse, causing damage to others, the construction unit and the construction unit shall be jointly and severally liable, unless the construction unit can prove that there are no quality defects. After the construction unit and the construction unit make compensation, if there are other responsible persons, they have the right to recover from other responsible persons.

Article 179 Anyone who infringes upon 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 absenteeism. 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.

Article 126 of the General Principles of the Civil Law of People's Republic of China (PRC): If a building or other facilities and the things laid on or hung on the building collapse or fall off or cause damage to others, its owner or manager shall bear civil liability, except that he can prove that he is not at fault.

Article 16, paragraph 1 (1) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases, if the artificially built structures such as roads, bridges and tunnels are damaged due to defects in maintenance and management, the provisions of Article 126 of the General Principles of Civil Law shall apply, and the owner or manager shall be liable for compensation, except that he can prove that he is not at fault.