While out for a morning bike ride, my relative fell into an uncovered manhole. It was quite dark at the time, and the road lacked street lighting, warning signs, or any form of barricade.
Against which entity can my relative file a lawsuit to seek compensation?
What evidence must the individual provide? Is it possible to claim compensation for medical expenses, lost income, and damage to the bicycle? Thank you.
Reader Quy Tran
Legal Advice:
Article 605 of the 2015 Civil Code, which addresses compensation for damages caused by buildings or other construction works, stipulates the following:
"The owner, possessor, or person assigned to manage or use a building or other construction work must compensate for any damage that such building or construction work causes to others.
If the party responsible for construction is at fault for the building or construction work causing such damage, they shall be jointly liable for compensation."
In practice, a manhole cover is part of the urban technical infrastructure for roads. The entity tasked with the management, operation, and maintenance of a road is obligated to ensure the safety of road users (e.g., by installing manhole covers, or placing warning signs or barriers in the event of an issue).
Each road is assigned to a specific management entity based on the administrative hierarchy—for instance, the Vietnam Road Administration (for national highways) or the Department of Transport (for provincial or urban roads).
Leaving a manhole uncovered—without warning signs, barriers, or warning lights, especially in dark conditions—constitutes a failure in management responsibility and poses a direct danger to road users.
Therefore, the entity responsible for managing this infrastructure must provide compensation for the damages incurred by your acquaintance.