Should the property company bear the responsibility for the safety accident in the community?

The legal liability of property management enterprises for safety accidents in the property management area shall be determined according to the stipulations of the property service contract. Generally speaking, property management companies should place warning signs in dangerous areas and conduct patrol management in key parts. If the property management company fails to perform the relevant provisions of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

Legal analysis

Property management enterprises shall assist in the safety work within the property management area. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner. Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens. The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and owners' conventions. Public buildings and facilities planned and constructed within the property management area shall not be changed. If the owners need to change the use of public buildings and facilities according to law, they shall inform the property management enterprises after handling the relevant formalities according to law; If a property management enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law. Owners and property management companies are not allowed to occupy or dig roads and sites within the property management area without authorization, which harms the interests of owners. Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the property management enterprise; If a property management enterprise really needs to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee. When there are security risks in the property, which endanger the public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintain it, and the relevant owners shall cooperate. If the responsible person fails to perform the maintenance obligation, it can be maintained by the property management enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person.

legal ground

"Regulations on Property Management" Article 35 A property service enterprise shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.