Rainstorm characteristics

Although rainstorm is a natural disaster beyond human control and belongs to force majeure, its losses cannot be prevented in advance. According to the provisions of China's Civil Code, Regulations on Property Management and Measures for the Administration of Special Maintenance Funds for Residential Buildings, property companies should timely maintain some buildings, including residential roads and water supply and drainage facilities. If the property fails to fulfill its maintenance and management responsibilities, it shall bear the damage.

What is force majeure?

According to China's regulations, the so-called force majeure refers to an objective situation that cannot be foreseen, avoided or overcome. Force majeure includes natural disasters such as typhoon, earthquake, flood, tsunami and hail, and social phenomena such as war, strike and riot.

The rainstorm is force majeure, so is the property company not responsible?

In our country, if the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law.

How to determine whether the property has fulfilled its corresponding responsibilities?

Whether there is a work plan to deal with sudden floods in advance; If the weather forecast has predicted the rainstorm, whether to remind the owner in advance; When the rainstorm happens, do you inform the owner to drive the car to the ground in time? Whether necessary measures have been taken to deal with the rainstorm.

If the property fails to notify and prevent the rainstorm and prepare enough sandbags and rescuers for emergency rescue, then there is no doubt that the property is absolutely responsible for the disaster losses caused by the rainstorm.

In addition, it should be noted that the responsibility for losses caused by such weather disasters is not entirely borne by the wrong party, but also by the victims themselves. Therefore, the property management company only bears part of its own responsibility for the loss, and will not bear all the losses.

Should developers take responsibility?

It depends on the occurrence of vehicle property loss and whether the developer is responsible. That is, if the garage is flooded because of the developer's construction planning and construction problems, then the developer should bear certain fault liability. And if the developer's garage has been completed and accepted according to law, and it has been registered in the Housing and Construction Bureau, it will be more difficult to claim compensation from the developer.