Who is responsible for the fire loss in the community?

It is necessary to make a comprehensive judgment according to the cause of the fire, the behavior of all parties and relevant laws and regulations. Property companies, owners and possible third-party responsible persons may bear the responsibility.

First, the fire cause and responsibility analysis

The causes of fire may include electrical failure, arson, gas leakage and other factors. When determining the responsibility, we need to find out the specific cause of the fire first. If the fire is caused by the negligence of the property management company and the failure to find and eliminate potential safety hazards in time, then the property management company should bear corresponding responsibilities. On the other hand, if the fire is caused by the owner's unauthorized wiring and illegal use of gas, then the responsibility should be borne by the owner.

Second, the responsibilities and responsibilities of the property management company

As the management of residential areas, property management companies have the obligation to regularly check and maintain fire-fighting facilities in residential areas to ensure smooth fire exits. At the same time, the property management company should also formulate and implement the fire safety management system and conduct fire safety education and training for the owners. If the property company fails to fulfill the above responsibilities, resulting in the occurrence or expansion of fire, it shall bear corresponding legal responsibilities.

Three. Owner's responsibilities and obligations

As the user of the community, the owner also has the responsibility to maintain the fire safety of the community. The owner shall abide by the fire safety regulations, and shall not connect wires privately or illegally use flammable and explosive materials such as gas. At the same time, the owner should also cooperate with the fire safety management of the property management company and actively participate in fire safety training and drills. If the fire is caused by the owner's illegal behavior, the owner should bear the corresponding legal responsibility.

Fourth, the possibility of the third party responsible person.

In some cases, the fire may be caused by the third party responsible person, such as the construction unit failed to fulfill its fire safety responsibility during the construction process, and outsiders deliberately set fire to it. In this case, the third party responsible person should bear the corresponding legal responsibility.

To sum up:

The responsibility for the loss caused by the fire in the residential area needs to be comprehensively judged according to the fire cause, the behavior of all parties and relevant laws and regulations. Property companies, owners and possible third-party responsible persons may bear the responsibility. In practice, we must first find out the cause of the fire, and then judge the responsibility according to the responsibilities and behaviors of all parties. At the same time, in order to prevent similar accidents, property companies and owners should strengthen fire safety awareness, abide by fire safety regulations, and maintain fire safety in residential areas.

Legal basis:

People's Republic of China (PRC) Fire Protection Law

Article 5 1 stipulates that:

"Units and relevant personnel who have a fire must immediately call the police, organize forces to put out the fire, prevent the fire from spreading and expanding, and reduce casualties and property losses."

property management regulations

Article 35 provides that:

"The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. If the realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. "