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Residents of a residential area 1 floor in Changsha return to the water four times a week. Who is responsible for the loss?
(1) If the sewer pipe at home is blocked and the loss downstairs is caused by anti-water, then this responsibility should be borne by yourself;
(2) If the sewer pipe is blocked from the first floor, and you don't know that the loss downstairs is caused by the backflow of your sewer pipe, then this loss should be solved by myself, the first floor and the property.
(3) If the property has known that the pipeline is blocked before and has not solved it, then the responsibility shall be borne by the property.
2. Legal basis: Article 165th of the Civil Code of People's Republic of China (PRC).
If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.
Article 166
If the actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.
Article 167
If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.
2. Is it the responsibility of the second floor to leak water at the top of the first floor?
Leakage at the top of the first floor is not necessarily the responsibility of the second floor, but depends on the specific situation. Details are as follows:
1. It is necessary to find out the specific reasons for the water leakage in the house. The damage and leakage of public water pipes is the responsibility of the whole building, and you can apply for housing maintenance fund maintenance;
If the water leakage is caused by the second floor, we should consider who caused it. It is possible that the decoration on the first floor damaged the pipeline on the second floor and then leaked water, which means that the first floor is responsible. If it is the second floor, the responsibility shall be borne by the second floor;
3. During the warranty period of the house, the quality problem of the house itself leads to water leakage, and the first floor and the second floor are not responsible, but the developer is responsible.
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