The house leaked water and demanded compensation. Materials to be submitted for prosecution.

The materials that need to be prepared for civil litigation of domestic water leakage are: complaint; Original/copy of the plaintiff's ID card; Copy of the defendant's ID card (or business license/organization code); Evidence list and evidence (such as photos of water leakage, house quality appraisal report, evidence of loss, photos of the site, maintenance unit or property certificate, witness certificate, etc.). ); If a lawyer is entrusted, fill in the power of attorney.

The main ways to bear civil liability are:

(1) Stop the infringement;

(2) remove obstacles;

(3) eliminating danger;

(4) returning property;

(5) restitution;

(six) repair, rework and replacement;

(7) Compensation for losses;

(8) Paying liquidated damages;

(9) Eliminating the influence and restoring the reputation;

(10) Apologize.

If the injured party wants to collect materials, the other party can collect the evidence of the corresponding loss and the flooded part of the house, as well as other materials related to civil litigation to bring a lawsuit to the court. In general, the court will mediate between the two parties and try to reach an agreement on the amount and method of compensation for peaceful settlement. If no agreement can be reached through consultation, the court will make a final judgment based on the materials provided.

Evidence has three characteristics:

(1) objectivity

Objectivity means that all evidence must be objective. For example, witnesses can only truthfully state the facts they heard and saw in court, without any subjective elements.

(2) correlation

Relevance means that evidence and facts to be proved must be intrinsically related, directly or indirectly proving all or part of the facts to be proved.

(iii) Legitimacy

Legitimacy means that evidence must have a specific form stipulated by law. At the same time, the collection, investigation, examination and verification of evidence must conform to the procedures prescribed by law.

If you choose litigation to solve the problem because of water leakage upstairs, you should mainly prepare two pieces of evidence:

1. Evidence of impact or loss due to water leakage. For example, photos of the water leakage scene, written certificates issued by the maintenance unit or property, witness testimony, maintenance fee invoices, etc.

2. Provide evidence of water leakage upstairs. For example, a written certificate issued by the maintenance unit or the property. If you deny the evidence upstairs, you can apply for house quality inspection to determine the cause and responsibility of water leakage.

Evidence plays a vital role in the success or failure of a lawsuit. If the parties are not sure whether they can collect relevant evidence or whether their evidence can win the case, it is recommended to consult the lawyer who specializes in dealing with water leakage upstairs.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 66 Evidence includes:

(a) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Testimony of witnesses;

(7) Appraisal opinions;

(8) Records of the inquest.

Evidence must be verified before it can be used as a basis for ascertaining facts.

Article 67 The parties have the responsibility to provide evidence of their own claims.

The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.

The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.