How to compensate for the fire downstairs?

First, the fire department determines the cause of the fire and the amount of loss. If it is the responsibility of the downstairs, it is necessary to compensate all the losses upstairs and downstairs. If compensation is refused and negotiation fails, you can go to court. If the owner can determine that it is a fire-fighting facility problem, because the fire-fighting pipeline is blocked and causes a fire, he can claim property compensation.

Legal analysis

In real life, fire is a frequent safety accident. After the fire, it may spread to other families because of its spread. If it is determined that the loss upstairs is caused by the fire downstairs, you can ask the owner downstairs for compensation. If it is rejected, you can bring a lawsuit to the court. If the owner downstairs can prove that the loss caused by the fire is due to the fire control facilities of the building, such as the blockage of the fire escape, the fire can not be effectively controlled in time, and this situation can require the property to pay compensation.

First determine the loss, including the loss of goods and your own lost time.

Second, save evidence, evidence of lost related items, invoices, etc.

Third, it is impossible to negotiate first.

The property of the responsible person will be investigated. If it is able to compensate but not compensated, it can be enforced. At most, the house can be forcibly expropriated and then repaid by public auction. If the fire is caused by the neighbor's intention or negligence, the neighbor needs compensation; If it is caused by force majeure or other non-responsible reasons, no compensation is required.

legal ground

Article 51 of "People's Republic of China (PRC) Fire Protection Law" * * * Fire rescue agencies have the right to close the fire scene as needed, and are responsible for investigating the cause of the fire and counting the fire losses. After the fire is put out, the unit and relevant personnel who have a fire shall protect the scene according to the requirements of the fire rescue agency, accept the accident investigation, and truthfully provide information related to the fire. Fire rescue institutions shall, according to the fire scene inspection, investigation and relevant inspection and appraisal opinions, make a fire accident identification in time as evidence for handling fire accidents.

Article 184 of the Civil Code of People's Republic of China (PRC) infringes upon another person's property, and the property loss shall be calculated according to the market price at the time of loss or other reasonable means.

Article 187 After the damage occurs, the parties may negotiate the payment method of the compensation fee. If negotiation fails, the compensation fee shall be paid in one lump sum; If it is really difficult to pay in one lump sum, it can be paid by installments, but the infringed party has the right to request the corresponding guarantee.