Should the property bear the responsibility for a child falling on the roof of a residential area?

If the child falls on the roof of the community, the property should bear the responsibility. As the guardian of children, he has the obligation to protect underage children from harm. In addition, children in this age group are at the age of exploration and activity. If a guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear the main responsibility.

Legal analysis

Property management companies, as property service providers in residential areas, have the obligation to repair, maintain and manage the houses, public areas, supporting facilities and related sites in residential areas in accordance with the provisions of the property service contract, so as to eliminate potential safety hazards. The fire exits leading to the roof of residential buildings and the roof belong to the management scope of property management companies. Property companies should undertake stricter security precautions and warning obligations for the management of this area. The fire escape of the incident building was open, which caused children and other minors to enter the rooftop without barriers, which eventually led to accidents, and the property company failed to fulfill its safety management obligations. The fire exits and platforms on the roof are different from the general management areas because of their dangers. In addition to the general duty of care, property management companies also undertake stricter safety precautions and warnings. In this case, the property company not only failed to set the corresponding warning signs, but also put the fire escape in an open state, allowing the victims involved to enter the dangerous area on the roof without obstacles, failing to fulfill the corresponding safety warning obligations. Therefore, we should also bear part of the responsibility for the fall of the victim.

legal ground

"Regulations on Property Management" Article 35 A property service enterprise shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

"Regulations on Property Management" Article 46 A property service enterprise shall assist in the safety work within the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. The realty service enterprise 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.