What kind of responsibility should I bear for the damage caused by water leakage upstairs?

Water leakage in the upstairs of the house may be the responsibility of the property or the responsibility of the upstairs owner, depending on where the leakage is. The water pipe of a whole building arranged by the property leaks, and it is the property that needs to be responsible; If there is something wrong with the sewer pipe upstairs, it belongs to the upstairs residents for independent use, and the responsibility lies with the upstairs owners.

Responsibility for water leakage in residential buildings should first distinguish who is responsible for water leakage, and the responsible person should compensate for the losses caused by water leakage:

1. If the house decoration causes water leakage and affects the downstairs, the landlord will be responsible for the losses caused.

2. The landlord didn't change the fittings in time because of the aging water pipes, and the tenant just moved in and didn't know. The landlord is responsible for the loss caused by water leakage downstairs, but the tenant is not responsible.

3. If the tenant finds that the water pipe is aging and the landlord fails to replace it in time, resulting in the loss of the downstairs, it should be regarded as the main responsibility of the landlord and the secondary responsibility of the tenant.

4. If the tenant forgets to turn off the water pipe and the water leaks downstairs, the tenant should bear all the responsibilities.

The litigation process of infringement compensation for house water leakage is: first, it is necessary to determine the cause of water leakage, then determine the specific responsible person, and then sue the people's court for compensation. Make an appraisal report on the causes of water leakage in the house and how to make up the leakage through the quality inspection department of the house; After identification, it shall be handled according to the following circumstances:

1. If it is caused by quality problems when developers build houses; The owner has the right to sue the developer in the people's court for failing to perform or take remedial measures, and has the right to claim compensation for losses.

2. If the upstairs residents infringe on the downstairs residents due to house decoration, pipeline renovation and improper water use; Or the roof damage caused by the renovation of the downstairs residents leads to water leakage; According to article 1 167 of China's Civil Code, the infringed party has the right to bring a lawsuit to the people's court, demanding that the infringer bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

3. If the leakage is caused by the natural aging of the waterproof material caused by the long-term use of the house, the neighboring parties are not at fault. As for the responsibility, it should be determined according to the cause of the leak.

The downstairs damaged by water leakage asks the quality inspection department of the house to make an appraisal report on the cause of water leakage; 2. After identification, if it is the quality problem of the developer's housing construction, you can ask the developer to compensate for the losses; 3. After the appraisal, if it is upstairs, it can be repaired in time according to the report, and you can claim compensation from upstairs.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

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.

Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.