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Is it a responsibility to fall down in the community?
I. Obligation of property security
As the manager of the community, the property service enterprise has the obligation to provide a safe and comfortable environment for the owners. This includes regular inspection of the community, timely detection and treatment of possible security risks, such as groundwater, debris stacking, etc. At the same time, the property should also ensure the normal operation of public facilities in the community, such as lighting, elevators, etc., to avoid damage to the owners caused by facility failure.
Second, the analysis of the cause of the fall
When the owner falls in the community, he must first analyze the reasons for the fall. The property fails to fulfill its security obligations due to wet ground, tripping over sundries and other reasons. The owner has the right to ask the property to take responsibility. However, if it is due to personal reasons, such as watching mobile phones and wearing slippers when walking, the property may not be responsible.
Three. Collection and retention of evidence
After falling, the owner shall collect and keep relevant evidence in time, such as photos and videos on site. These evidences help to prove the cause and responsibility of the fall. At the same time, the owner should also seek medical treatment as soon as possible and keep the medical certificate for subsequent rights protection.
Four. Ways and procedures of safeguarding rights
If the owner thinks that the property should bear the responsibility, he can defend his rights by negotiating with the property, complaining to the relevant departments or filing a civil lawsuit. In the process of safeguarding rights, owners should fully understand relevant laws and regulations and consult professional lawyers to ensure their rights and interests are protected.
To sum up:
Whether the property is responsible for a fall in a residential area depends on the cause of the fall and whether the property has fulfilled its security obligations. After the fall, the owner should collect evidence in time to understand the relevant laws and regulations, so as to choose the appropriate way to protect rights.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1 198 stipulates:
Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.
property management regulations
Article 35 provides that:
The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
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