Who is responsible for the rupture of the main sewer upstairs and who will pay for my losses?

The main sewer pipe upstairs is broken, so you can negotiate with the upstairs owner first, but negotiation fails. You can also choose arbitration and prosecution. The value of a property management company is to provide quality services to the owners and make their lives more convenient. Therefore, the staff of property management companies must fulfill their obligations according to relevant laws and protect the rights of owners.

Legal analysis

Causing losses to the parties: as long as the parties can prove that the losses were caused by the upstairs residents (fault liability), they can claim compensation from them; If both parties fail to reach an agreement on the amount of compensation through consultation, it shall be handled with reference to a civil dispute. Generally, the compensation for losses caused from upstairs to downstairs is mainly money, and the amount depends on the value of the lost things. If there is a leak upstairs and your new TV sofa is damaged by water, you can get compensation for how much the TV sofa just bought. This compensation is generally determined according to the situation, and there is no fixed amount of compensation. Civil compensation is limited to the actual loss, including the actual loss of goods, related losses, redo repair costs and lost time for people. In addition, when renting a house, you can pay attention to the water pipes and walls, and you can discuss with the landlord if you find any problems. For example, when they came home, the house was flooded. Take a photo first, speak with evidence, and have a good tone. Sometimes they can fight for their own rights.

legal ground

People's Republic of China (PRC) Civil Code

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear 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 179 The main ways to bear civil liability are: (1) to stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) continue to perform; (8) Compensation for losses; (9) Paying liquidated damages; (ten) to eliminate the influence and restore the reputation; (eleven) apologize. Where the law provides for punitive damages, such provisions shall prevail. The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.