Should the owner bear the responsibility for falling and injuring the residential property?

The owner fell and injured his property in the community and should bear certain responsibilities.

The realty service enterprise shall, in accordance with the stipulations of the realty service contract, fulfill its management obligations due diligence. If the property company fails to perform its due duties and causes personal injury to the owner, the property company shall compensate the owner for the loss. However, it is not the owner who falls in the community, and the property company needs to bear the liability for compensation. If the property company has fulfilled its security obligations and is not at fault for the accident, it cannot be asked to take responsibility.

I. Responsibilities and Rights of Property Management

The obligations that the property management company shall perform are:

(a) to perform the property management contract and operate according to law;

(2) accept the supervision of the industry committee and the residents of residential areas;

(3) Major management measures shall be submitted to the industry committee for deliberation and approval;

(four) accept the supervision and guidance of the real estate administrative department, the relevant administrative departments and the people's government where the residential area is located.

Of course, to fulfill certain obligations, there are also certain rights. The rights of the property management company are:

(1) The property management company shall, in accordance with the relevant laws and regulations and in combination with the actual situation, formulate measures for the management of residential quarters;

(2) according to the property management contract and property management measures to manage residential areas;

(three) in accordance with the property management contract and the relevant provisions of the management fee;

(4) have the right to stop the violation of rules and regulations;

(5) Have the right to ask the industry committee to assist in management;

⑥ Have the right to hire a franchise company to undertake special management business;

⑦ Diversification can be implemented to supplement the management funds of the community with its income.

Second, the classification of legal liability for property management

There are many legal responsibilities of property management, including: public law responsibility and private law responsibility; Fault liability, no-fault liability and fair liability; Post responsibility and personal responsibility; Property liability and non-property liability, etc. According to the different contents of legal liability, it is generally divided into four categories: civil legal liability, economic legal liability, administrative legal liability and criminal legal liability. The legal liability for violating the Constitution does not belong to the legal liability scope of property management. All kinds of legal liabilities can occur independently or simultaneously with other legal liabilities. In other words, an illegal act does not necessarily bear only one legal responsibility. On many occasions, the actor has to bear more than two kinds of legal responsibilities, that is, the so-called legal responsibility compound phenomenon appears.

legal ground

Administrative Punishment Law of the People's Republic of China

Article 2 Administrative punishment refers to the punishment that the administrative organs impose on citizens, legal persons or other organizations that violate the administrative order according to law, reducing their rights and interests or increasing their obligations.

property management regulations

Fiftieth owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm 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 realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.