Who is responsible for the owner's careless damage to the elevator?

Whether the owner is cautious or intentional, it is the responsible party that causes the elevator damage. Of course, the maintenance of the elevator is the responsibility of the owner, not all the owners.

Legal analysis

Elevator maintenance fee shall be paid by the owner. Because property fees and services are limited to the maintenance of security and cleaning equipment and facilities in public areas; The elevator belongs to the owner, and the damage should be borne by the beneficiary. In addition, the property management company should compensate for its dereliction of duty and certain responsibilities. However, those who intentionally damage the elevator and cause casualties or other serious consequences in the elevator may bear criminal responsibility. If the elevator is obviously damaged intentionally or unintentionally by one party, there is no doubt that it will be paid by it. For example, someone deliberately smashed the elevator and made it unable to run. Naturally, the person in charge paid the maintenance fee. Another situation is that the elevator can't run because of the failure of daily maintenance. In this case, the elevator maintenance unit should bear the maintenance responsibility. In fact, with a clear responsibility, it is relatively easy to solve the elevator fault. The complicated thing is that the elevator is not man-made damage, and the maintenance cost in this case becomes a problem. According to the relevant explanation, the daily maintenance fee of the elevator is included in the elevator fee paid by the residents of the community, which means that the property is responsible for the daily maintenance, and the property has signed a daily maintenance contract with the elevator maintenance company. In the case that the daily maintenance of the maintenance company is in place, once the elevator is artificially damaged, the property depends on whether a certain maintenance fee is agreed with the maintenance company in the contract. If so, it will be implemented according to the agreement.

legal ground

People's Republic of China (PRC) Civil Code

Article 272 The owner has the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Article 241 The owner has the right to establish usufructuary right and security right on his real or movable property. When exercising their rights, the usufructuary right holder and the security right holder shall not harm the rights and interests of the owner.