The car was smashed at the gate of the community. Is the property responsible?

The car stopped at the gate of the community and was smashed. Should the property be responsible for the specific situation? Force majeure, the property should not be responsible. The movable items of the property management fall and hit the roof, and the property is responsible. Falling objects from high altitude is a personal illegal act and the parabolic person is responsible for civil compensation. Does not belong to the scope of property management, property companies do not need to prove whether they are at fault. Property companies can prove the legal obligations and contractual obligations of property management.

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.

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 1254th it is forbidden to throw objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer. Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law. In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.