Job Recruitment Website - Property management company - The roots of banyan trees blocked the pipeline, causing the owner's house to be flooded. Should the property be compensated?
The roots of banyan trees blocked the pipeline, causing the owner's house to be flooded. Should the property be compensated?
Absolutely. According to the property management service agreement, the property management company has the obligation to carry out daily maintenance, maintenance and management of public sewer pipes and keep the relevant pipes unblocked. Now that the sewer pipe is blocked, it is enough to show that the property management company has not fulfilled its corresponding obligations and should bear the liability for breach of contract. When there is water rebellion at home due to the blockage of public sewer pipes, the owners can choose tort litigation or contract litigation to safeguard their legitimate property rights and interests. There are differences between the two litigation methods in the aspects of parties, fault identification and responsibility assumption. For example, in tort litigation, if the blocking party cannot be clearly determined, all owners who may be damaged should be prosecuted; If you choose to sue for breach of contract, you can choose the other party to the contract. However, there are no statutory compensation items for apology and compensation for mental loss in contract litigation, and the owner should choose the litigation method according to the actual situation.
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