Is it the owner's responsibility to hurt the residential property?

Whether the property is responsible for the owner's fall in the community needs to be judged according to the specific situation. Generally speaking, if the property fails to fulfill its security obligations, causing the owner to fall down in the community, the property should bear corresponding responsibilities. However, if the fall is caused by the owner's own reasons or the third party's reasons, the property may not be responsible.

I. Obligation of property security

According to the Property Management Regulations and other relevant laws and regulations, the property, as the manager of the community, has the obligation to ensure the safety of the public areas of the community. Including but not limited to keeping the public areas clean and tidy, ensuring the integrity and safety of public facilities, and taking necessary measures to prevent the owners from accidents in the community.

Second, the cause analysis of the owner's fall injury

There may be various reasons for the owner to fall down in the community, such as wet ground, damaged facilities and insufficient warning signs. If these problems are caused by the property's failure to fulfill its security obligations, then the property should bear corresponding responsibilities.

However, if the fall is caused by the owner's own fault, intentional behavior or third-party reasons (such as the behavior of other owners or visitors), then the property may not be responsible.

Third, the issue of liability judgment and compensation.

After the owner falls, he must first judge the responsibility. If it is identified as the responsibility of the property, the owner has the right to require the property to bear the corresponding liability for compensation, including medical expenses, lost time and compensation for mental damage.

At the same time, the owner is also obliged to provide sufficient evidence to prove that the property has not fulfilled its security obligations, and there is a causal relationship between the fall and the property dereliction of duty.

To sum up:

Whether the property is responsible for the owner's fall in the community needs to be judged according to the specific situation. If the property fails to fulfill its security obligations and causes the owner to fall, the property shall bear corresponding responsibilities; However, if the fall is caused by the owner himself or a third person, the property may not be liable. When dealing with such problems, we should fully consider the laws and regulations and the actual situation, reasonably determine the responsibility and properly solve the compensation problem.

Legal basis:

property management regulations

Article 46 provides that:

"The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. If the realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. "

In addition, "People's Republic of China (PRC) Tort Liability Law" and other relevant laws and regulations have also stipulated such problems, providing a legal basis for dealing with the owner's fall. In practice, we should judge the responsibility of property according to specific laws, regulations and cases.