Job Recruitment Website - Property management company - If the fence is blown down and the car is damaged by the strong wind, can you ask the property company for compensation?
If the fence is blown down and the car is damaged by the strong wind, can you ask the property company for compensation?
According to Article 153 of the General Principles of Civil Law, force majeure refers to "unforeseeable, unavoidable and insurmountable objective circumstances", including natural causes such as typhoon, flood and earthquake and social causes such as war. If it is normal windy and rainy, even if it is windy, it cannot be regarded as force majeure; For typhoons, lightning and other meteorological stations, failure to forecast in advance, or the parties concerned have taken necessary measures but still cannot avoid damage, is force majeure. It can be seen that as a fence owned and managed by a property company, your vehicle was blown to pieces by the wind, which caused you certain economic losses. The property company should bear the tort liability and compensate for the losses caused to you, so you have the right to claim rights from the property company.
However, according to the break-even rule, when you get benefits based on the same cause of damage, you should deduct the benefits from the damage you have suffered to determine the scope of damages. As far as this dispute is concerned, your loss compensation should be deducted from the part paid by the insurance company, that is, only the difference is compensated. Within this range, compensation can be negotiated with them; If negotiation still fails, you can bring a lawsuit to the court and demand compensation from the other party.
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