Responsibility Judgment of Flooding of Floor Heating in Downstairs

Legal analysis: it should be the responsibility of the construction party of the floor heating pipeline.

Leakage of floor heating pipes should be treated differently according to the following conditions:

1. During the warranty period, there is no doubt that the pipeline construction party will take full responsibility;

2. After the warranty period, divide the responsibilities according to the water leakage. It is the quality problem of the pipeline, and the pipeline supplier can be held partly responsible; If it is caused by construction, the contractor may be held responsible for part of it. If it is used improperly, the owner of the improper use will bear the responsibility. If no reasonable reason can be found, the owner, the constructor and the property * * * shall bear the responsibility.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 296 Where the owner of a realty uses an adjacent realty for water use, drainage, passage, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners.

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability. If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

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 184 If the property of another person is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable methods.