The car was smashed in the community garage. How does the property assume responsibility?

If you smash a car in a residential garage and sign a custody contract or a property service contract with a property company, which causes damage to the owner's vehicle within the service management scope of the property company, the property company shall be liable for compensation. If there is no such situation, if the owner's vehicle is damaged in the parking space and parking lot, and the property management company proves that it has no intention or gross negligence, it will not be liable for compensation.

Legal analysis

In the following cases, the property has management responsibility:

1, the vehicle was parked in the monitoring area, but the property was confirmed by the judicial authorities due to the monitoring function;

2. The vehicle is parked in the line of sight of the doorpost or the parking lot doorpost. If the parking place of the vehicle is not within the line of sight of the monitoring, doorpost and parking post, the property management company will not be liable for compensation in principle, because it is generally stipulated in the property service contract that property security is only to coordinate the order and is not responsible for vehicle management, loss, damage and storage. It sounds unreasonable, but in fact, in the distribution and use of property fees, there is no property trust, and property companies have no law enforcement power. Of course, in the case that the monitoring agreed in the contract is ineffective, the personnel are not fully deployed or the personnel are vacant, the property management company is responsible, but it is not fully responsible.

The property management company has fulfilled the responsibility of property management. In this case, the property losses caused by criminal acts still occur, and the responsibility of the property management company is very small; However, if the property management company fails to perform its property management duties, it shall be mainly liable for the losses caused to the owners due to management dereliction of duty.

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.

Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms. The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract. The realty service contract shall be in written form.