Job Recruitment Website - Property management - Who is responsible for the fall of the external wall of the property?
Who is responsible for the fall of the external wall of the property?
1. If the external wall brick is still in the warranty period, the construction unit and the developer shall bear relevant responsibilities;
2. For the community without property, all residents of the residential building shall bear the responsibility.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings clearly stipulates the determination of owners. The Civil Code of People's Republic of China (PRC) and other laws and regulations clearly stipulate the composition, mode and subject of responsibility for the damage caused by houses and their shelving, hanging objects collapsing, falling off and falling. Once the external wall tiles fall off and cause personal injury, the liability for compensation will be determined according to the provisions of the relevant upper law.
Brick falling can be avoided in the following ways:
1. If the object causes damage to others, according to the Civil Law of People's Republic of China (PRC), if the owner or manager of the building cannot prove that he is not at fault, he shall bear tort liability;
2. According to the law, the defendant has three reasons for exemption:
(1) trouble-free;
(2) Force majeure;
(3) If the victim is at fault, the defendant shall bear the burden of proof.
Responsibility determination of falling objects in residential quarters;
1. If a falling object causes damage to people, the owner, manager or user of the falling object shall bear tort liability;
2, falling from the building caused damage to others, it is difficult to determine the specific infringer, in addition to being able to prove that he is not an infringer, the user of the building that may cause damage shall be compensated;
3. If the owner of the house fails to bring the flowerpot on the windowsill indoors, or fails to close the doors and windows, or fails to fix the air conditioner reasonably, which leads to all kinds of accidents, he shall bear corresponding liability for damages according to law.
To sum up, during the warranty period, the house falls off and hurts people, and the developer has the responsibility. For a community without property, all residents of the residential building shall bear the responsibility.
Legal basis:
Article 182 of the Civil Code of People's Republic of China (PRC)
If property losses are caused by infringement of the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed or the interests obtained by the infringer; It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.
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