Should I pay for the car that fell from the ice upstairs?

Whether the property should be compensated for falling ice and smashing cars upstairs depends on the following situations:

1. If the property management company cannot determine the owner of the building roof, or it is difficult to determine the specific infringer, and at the same time, it cannot fully prove that it has fulfilled its reasonable safety management obligations, the property management company needs to bear the corresponding liability for compensation;

2. Because the property management company did not sign a clear property service contract with the owner and did not form a relationship of rights and obligations, the property management company should not bear the responsibility.

If buildings, structures or other facilities collapse and cause damage to others, the construction unit and the construction unit shall bear joint and several liability, except that the construction unit and 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. If buildings, structures or other facilities collapse due to the owner, manager, user or a third party, the owner, manager, user or a third party shall bear the tort liability.

It is forbidden to throw objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law. If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer. Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations specified in the preceding paragraph. Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law.

legal ground

People's Republic of China (PRC) Civil Code

Article 125 If a building, structure or other facility and its shelving or hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.