Is the property responsible for burning cars in the community?

In case of a car fire in a residential area, the property shall be liable for compensation in any of the following circumstances:

1, the fire pipe cannot supply water;

2. Failing to maintain the security of public areas;

3. The fire escape is blocked;

4, other fire control facilities failure, such as early warning light failure, fire hydrant water slowly, fire hydrant water is not buckled, etc. ;

5. Failing to find danger in time or cooperate with fire fighting;

6, no fire control facilities.

I. 12 Reasons for tax exemption of property management companies

1. The owner of the vehicle in the fire accident is the owner of other residential quarters, and there is no property service contract relationship with the defendant property management company, which does not belong to its management service scope.

2. The fire in the owner's house was caused by the fireworks set off by the owners of other communities, and the property management company has no responsibility and obligation to manage and serve the behavior of other communities.

3. Before the fire accident, the property management company has posted tips on fire prevention and other matters in the community. After the fire accident, call the fire alarm in time and organize and cooperate with the fire fighting and rescue.

4. The fire accident was caused by the illegal building built by the owner privately. The illegal building should be demolished by the administrative law enforcement department, and the property company has no right to dismantle it.

5. After the fire accident, before the fire truck arrives, the owner's vehicle has been burned, and there is no fault in the fire control facilities.

6. The property management company has repeatedly discouraged the owners from piling up a lot of combustible materials such as garbage at home and under the balcony, and also served rectification notices to relevant departments at home. The fire was caused by the owners themselves.

7. The fire brigade took a short time from the scene to the rescue, and there was no delay in the fire fighting time due to the blockage of the fire escape. The fire brigade did not punish the property company for this fire accident.

8. The owner only provides his own loss statistics as the basis for calculating the loss. After on-site investigation by the court, it is impossible to find out the specific property loss of the owner, so the loss is not supported.

9. The property loss of the owner has been paid by the insurance company.

10. The property management company provides fire safety management system, fire safety training records, fire safety record forms, fire fighting and evacuation plans, training certificates and other evidence to prove that it has fulfilled the fire management obligations stipulated in the property service contract.

1 1. The cause of the fire is the spontaneous combustion of the vehicle caused by the circuit failure of the electric vehicle, which is an objective situation that the property management company cannot foresee and overcome, and does not belong to the failure of management responsibility.

12. The owner claimed rights from the property management company for the dispute over compensation for property damage. The court held that the property damage compensation dispute and the property service contract dispute belong to different legal relations, and the court did not examine whether the property company had property management negligence.

legal ground

People's Republic of China (PRC) Civil Code

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee.

Property service providers include property service enterprises and other managers.

Article 942 Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.