Job Recruitment Website - Property management - Who should be responsible for the car crash and death caused by the heavy rain that caused the water to flow back into the garage?
Who should be responsible for the car crash and death caused by the heavy rain that caused the water to flow back into the garage?
Secondly, there is no mandatory legal provision on the responsibility of the property management party in sudden natural disasters. This is mainly based on the property service contract signed by the owner and the property management party to judge whether the property management has fulfilled its due obligations. Property management has obvious dereliction of duty, can be held accountable. If the property management can't avoid losses even if it does its duty, it doesn't need to bear the responsibility. After the rainstorm, it is generally a period of high incidence of disputes between owners and property. Many owners think that the owners should bear part of the responsibility, while the property management company thinks that the rainstorm is force majeure. The rainstorm itself is an external cause, but in the process of raining, the property management company, as a professional property management department, should be able to foresee the situation that the rainy season may endanger the interests of the owners. The parties can foresee it, but due to negligence, they failed to foresee it or tried their best to stop it, so the defense of force majeure cannot be established. The property management company shall formulate an emergency plan for sudden accidents, and notify the owner to do a good job in safety prevention when such accidents may occur, such as notifying the owner to move the car parked in the underground garage to a safe place when there may be heavy rain, so as to reduce or prevent the loss of the owner's property. As long as the property management company has fulfilled the corresponding responsibilities and obligations in accordance with the contract, the owner cannot ask it to bear the liability for compensation after the accident.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 285 A realty service enterprise or other manager shall accept the entrustment of the owner, manage the buildings and their ancillary facilities within the building division in accordance with the stipulations of the realty service contract in Part III of this Law, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service.
Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.
Article 287 The owner has the right to require the construction unit, the realty service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
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