Is the property responsible for the fall accident in the community?

Whether the property should be responsible for the falling accident in the community depends on whether it is outside the scope of property management. If it is force majeure, the property should not be responsible; If the movable items managed by the property fall, resulting in loss of personnel and property, the property should be responsible.

Legal analysis

The realty service enterprise shall assist in the safety work within the realty 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 property company shall be liable for compensation. The relationship between the property management company and the owner is entrusted management, and the owner has the obligation to supervise the safety of the community. As a manager, he should know the climate in special areas. The property management company has no evidence to prove that it has taken perfect protective measures before the incident and caused damage to others, and should be liable for compensation. Usually, the property management company should do a good job in the inspection and daily maintenance of the external wall of the building to avoid the damage to the owners caused by the falling of the external wall skin, glass, windows and other facilities in public areas. In daily work, publicity and education should be carried out in various forms to make residents realize that throwing objects at high altitude is immoral and uncivilized, improve the quality of residents, and fundamentally put an end to throwing objects at high altitude. Therefore, it is necessary to analyze the specific situation and determine the scope of responsibility.

legal ground

"Property Management Regulations" Article 47 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 management regulations. If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.

Article 1253 of the General Principles of Civil Law of People's Republic of China (PRC) * * * Buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others. If the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.