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Is it responsible for someone being injured in the community?
Legal analysis
It is someone's responsibility to get hurt in the community. Security obligation is a legal obligation. The principle of fault liability should be applied to those who violate the obligation of safety guarantee and cause damage to others, that is, the property company will only compensate if there is fault. Managers of public places such as property companies or organizers of public activities must carefully understand the situation of places in their management areas, investigate possible dangers and damages, eliminate potential safety hazards in time, and strive to fulfill their security obligations, otherwise they will be liable for damages. The general public should raise their awareness of risks and be alert to their own safety. Obtain evidence in time after the accident, properly preserve the corresponding evidence and safeguard their own rights and interests. Specifically, it also needs to see whether there is any service in accordance with the responsibilities and obligations stipulated in the property service contract. If the roads cleaned in time are frozen, frosted and accumulated water, the property management company fails to handle or remind them in time, causing residents to fall, and the property management company needs to bear part of the responsibility because the cleaning is not in place. It is worth noting that in this case, it depends on the owner's fall during the period of not cleaning. After all, property management personnel do not work 24 hours, and some factors that cause owners to fall are formed outside working hours. It will happen if the cleaning time is exceeded. If the owner falls, the property management company has obvious fault and needs to bear part of the responsibility, otherwise it does not need to bear the responsibility.
legal ground
Article 274 of the Civil Code of People's Republic of China (PRC) Road belongs to the owner, except for urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.
Article 285 A realty service enterprise or other manager shall accept the entrustment of the owner, manage the buildings and their ancillary facilities within the building division in accordance with the stipulations of the realty service contract in Part III of this Law, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.
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