Job Recruitment Website - Property management - Whose responsibility is it that the tire of the car was cut by something placed outside the garage exit inside the community?

Whose responsibility is it that the tire of the car was cut by something placed outside the garage exit inside the community?

It depends.

Judging whether the property company should be responsible for the damage to the owner's vehicle should be measured from the perspectives of contract performance and infringement.

(a) whether the property company and the owner have formed a parking management service contract relationship. If both parties agree or otherwise agree on the parking service project in the property service contract, the property company shall bear the liability for breach of contract; If there is no service relationship between the two parking spaces, the property company cannot be deemed to be in breach of contract and should not be liable for breach of contract.

(two) whether the property company is at fault, so it needs to bear the liability for tort damages.

1. It's not the property management company's fault that monitoring is not installed. The property company is a residential property service unit, not a construction unit or a property right unit. If the community has monitoring facilities when taking over, the property company should of course maintain and use the monitoring facilities and equipment in accordance with the contract. If not, it can only be traced back to whether the construction unit installed monitoring facilities according to the design requirements, or whether to install monitoring facilities is up to the owner.

2. Whether the property company has fulfilled its security obligations. Security obligations include property fire management and community security management. Property fire management is to prevent and eliminate fires, rectify fire hazards, and ensure the life and property safety of property owners. Public security management in residential quarters refers to taking various measures, such as setting up guard duty and security personnel patrol system, to ensure the safety and stable order of residential quarters. It is only necessary to judge whether the property company has fulfilled its security obligations and fulfilled the relevant provisions of the property service contract. The property company only needs to bear the corresponding responsibilities within the scope of preventing or stopping the damage, and the property company should not bear the responsibility for the damage that occurs in the case of unforeseeable or preventive stop.