Is the property responsible for the baby falling in the community?

See a lot of cynics, these people don't even have the minimum awareness of rights.

Look at the supplement to the topic

Children have dinner in the community and walk with adults, but because the street lamp in the community is broken, children can't see the road clearly. Is the property management company responsible?

First of all, because adults take their children for a walk together in the community, parents, as guardians of minors, must have failed to fulfill their guardianship obligations and are at fault, which has great own reasons.

However, the guardian's failure to perform his guardianship duties does not mean that the property is not at fault and should bear the responsibility.

If what you say is true, the street lamp won't work. As a property management company, it should be replaced in time. Otherwise, the street lamps are not bright, resulting in poor light at night, which leads to the damage of the community owners because they can't see the road clearly. The property company should bear the corresponding tort liability or breach of contract liability. It is up to the owner to choose whether to bear tort liability or breach of contract liability.

Why do you say that?

The first paragraph of Article 6 of the Tort Liability Law stipulates that if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. ? That is, if the actor is at fault and this fault has caused damage to others, he shall be liable for compensation.

In this case, the property company failed to replace the lamps in time, which led to dim street lamps, causing the children to fall and causing damage. Of course, you should be liable for compensation. (These all need children to prove, and the assumption here is true.)

Of course, due to the establishment of the property service contract relationship between the property company and the owner. The property company failed to fulfill its contractual obligations in time and replaced the lamp, which also constituted a breach of contract. If a child falls down due to breach of contract, he shall also be liable for breach of contract.

Article 122 of the contract law stipulates? If one party violates the personal rights and property rights of the other party, the injured party has the right to choose to require it to bear the liability for breach of contract according to this law or to require it to bear the liability for infringement according to other laws. ?

In this case, the parties can choose to ask the property company to bear tort liability or breach of contract liability, but they can only choose one.

Finally, because the children's parents are also at fault for the occurrence of the damage, according to the provisions of Article 26 of the Tort Liability Law, if the infringer is also at fault for the occurrence of the damage, the liability of the infringer can be reduced. ? The liability for compensation of the property company should be reduced.