The car was smashed in the pay parking lot. Is the property liable for compensation?

If the car is damaged by others, and a custody contract or a property service contract is signed with the property company, and the owner's vehicle is damaged within the service and management scope of the property company, the property company shall be liable for compensation.

Legal analysis

First, generally speaking, whether the property service enterprise should bear the corresponding legal responsibility for the personal and property damage of the owner depends on whether the property service enterprise has fulfilled the service obligations stipulated in the property contract. If the property company fails to perform its obligations as stipulated in the property contract, it shall be liable for compensation.

Second, in the property service contract signed by the owners' committee and the property management company, parking service is a sub-item of property management service, and the property management company has the obligation to maintain the regional order of property management, manage the vehicles parked in the community and do a good job in safety prevention. The obligation of the property company to keep the owner's vehicle comes from both contract and law. The owner has the right to claim compensation from the property management company if the vehicle is parked in the community and losses are caused by the gross negligence of the property management company. The owners' congress has the right to decide the employment and dismissal of property management enterprises. Before the owners' congress and the owners' congress hire a property management enterprise, the construction unit shall sign a written preliminary property service contract. The prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty management enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.

legal ground

People's Republic of China (PRC) Civil Code

Article 897 Where the deposit is damaged or lost due to improper safekeeping by the depository, the depository shall be liable for compensation. However, if the unpaid custodian proves that he has no intention or gross negligence, he shall not be liable for compensation.

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee. Property service providers include property service enterprises and other managers.