Should property security be responsible for fighting between owners?

During work, and within the scope of the service office, there is a relationship. If the owner is injured and needs compensation, the security guard and the property management company will jointly pay for it. The security guard only did his duty to dissuade or call the police. If they do not perform their duties or perform poorly, they do not need to bear legal responsibilities, and the property company will impose administrative penalties on them. If the dispatched personnel cause damage to others when performing their work tasks, the employing unit that accepts the labor dispatch shall bear corresponding responsibilities.

Legal analysis

If the owner is injured and needs compensation, the security guard and the property management company will jointly pay for it. The security guard only did his duty to dissuade or call the police. If they do not perform their duties or perform poorly, they do not need to bear legal responsibilities, and the property company will impose administrative penalties on them. Property companies bear joint and several liability. The scope of property management is agreed by the owner and the property service enterprise in the property service contract, which is mainly used for the maintenance, conservation and management of houses, supporting facilities and related sites, and to maintain the environmental sanitation and related order in the property management area. Therefore, the property company has not done its duty and should be responsible for its own losses. During the period of labor dispatch, if the dispatched personnel perform their work tasks and cause damage to others, the employer who accepts the labor dispatch shall bear the tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities. The existing legal system restricts the property services of property companies to a certain extent, and there are not many provisions on owner autonomy.

legal ground

Article 1 19 1 of the General Principles of Civil Law of People's Republic of China (PRC) * * * If the staff of the employing unit causes damage to others due to the performance of their work tasks, the employing unit shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence. During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding responsibilities.