The new house was damaged and damaged due to the pipeline blockage. The homeowner sued the property and the 14 house owners upstairs. The court sentenced

After the new house in the home was renovated, the water pipes were repeatedly returned to the water, and the floor and wall in the home were soaked. Who should bear this loss? In order to pursue the loss, the homeowner brought all the 14 households upstairs to the court.

Recently, the Renhe District People's Court of Panzhihua City, Sichuan made a judgment of the first instance: the owner shall bear the responsibility of 50%of the property loss by himself; 241 yuan; the property company loses 20%of the liability and compensates for 1933 yuan. According to the judge, from the perspective of finding the facts, the house of a house owner on the 4th floor has been uninhabited for a long time, and the house department of a owner of a household in the 15th floor stays at the end of August 2020, which has nothing to do with the return of the water in the house three times and should not bear responsibility.

Incident:

After the new house is renovated, the pipeline returns water three times

Wooden floors and walls are soaked by water many times

Mr. Chen and Ms. Zhu are the owners of 12 units and 2 floors (hereinafter referred to as the house involved in the house) in a community in Ren District, Panzhihua City. In 2018, they checked into the community. Modified.

In May 2019, they signed the "Property Service Contract" with the main committee of the community. The maintenance, maintenance and management of the shared parts of the building; the daily operation, maintenance, maintenance and management of common facilities and equipment.

Mr. Chen said that from October 21st, 2019 to June 11, 2020, due to the blockage of the main pipeline, the balcony drainage pipe and kitchen pipeline in his family returned to water several times, which caused the wood flooring and walls in the home to be multiple times. soak. Because they did not live in the house for a long time, the water returned from the three pipes in the home was flowing out of the door, and the neighbors notified him after being discovered.

Among them, on the evening of June 11, 2020, Mr. Chen rushed back to the house involving the house after receiving a call from the home, contacting the director of the Industry Committee and notifying the property company. After the security guard arrived at the scene, he told him that because he had no workers, he had to wait for the next day. The next day, when he contacted the property company, he was informed that he could not dredge it, so that he could contact the personnel to dredge himself. Therefore, he contacted the personnel to clear the pipeline on the position of the septic tank on the first floor. The kitchen drainage main water pipeline was dredged and there was a plastic bag. He paid the dredging fee by himself.

judgment:

12 house owners upstairs compensate 241 yuan per household

Property compensation 1933 yuan

"The walls, wallpapers, and wooden floors in the home are all soaked and cannot be recovered." Mr. Chen said that there were 18 floors involved in the buildings involved, and the blocking pipeline was not used on the first floor. He has been looking for properties many times, and the property has said it has nothing to do with it, and the residents above the second floor also said that it has nothing to do with it.

In order to safeguard the legal rights, he sued the property and the owners upstairs to court. It is reported that the 14-house owner on the 3-18 floor of the building involved in the house where the house involved in the house shared the main drainage pipeline with Mr. Chen.

In the lawsuit, Mr. Chen applied for the case to identify the cost of the house involved in the case and the water floor, wallpaper, and wooden floor involved in the water pipeline. The court entrusted the qualified appraisal agency in accordance with the law to conduct an appraisal. The appraisal conclusion was that the market value of the indoor property damage due to the blocking pipeline was blocked by the water pipeline. Mr. Chen paid 3,500 yuan.

After hearing, the Renhe District People's Court of Panzhihua City made a first trial judgment: 12 house owners upstairs were compensated to the plaintiff Mr. Chen and Ms. Zhu at 241.7 yuan per day within ten days from the date of effectiveness of this judgment; During the start of ten days, the plaintiff Mr. Chen and Ms. Zhu were 1933.6 yuan. After the verdict was made, neither the original and the defendant appealed, and the judgment had taken effect.

Judge:

The homeowner bear 50%responsibility by himself

The owners upstairs and the property are responsible for 30%and 20%respectively

The judge introduced that the legal property of citizens was protected by law. The actor infringes the civil rights and interests of others due to fault and shall bear the liability for infringement. It is preserved in accordance with the law that the perpetrator has fault. If the perpetrator cannot prove that he has no fault, he shall bear the liability for infringement. If the victim is also at fault on the occurrence of damage, it can reduce the liability of the infringer.

The plaintiff and the 14-house owners on the 3-18 floor of the plaintiff are adjacent to the real estate. They should use the water pipeline together to jointly maintain the smooth flow of pipelines to ensure that public facilities can be used normally. In this case, the property damage of the plaintiff was caused by the blockage of the sewage pipeline, but due to the large number of users, the miscellaneous sources of the sewer pipeline could not be determined. Therefore, users who used the pipeline should be responsible.

From the fact that the facts are found in this case, the house of a house owner on the 4th floor has been uninhabited for a long time, and the house of a house owner on the 15th floor stays at the end of August 2020, which has nothing to do with the return of the water in the house three times and should not be responsible.

The plaintiff has changed the drainage pipeline of the living balcony, which will inevitably have a certain impact on the drainage, and the plaintiff has not lived in the house involved in the case for a long time. It must bear the responsibility of 50%of the property loss by itself.

The plaintiff's housing backwater backwater pipeline was caused by the blocking pipeline. When the property company was dredged, it found that there were garbage and plastic bags. According to the facts of common sense and the facts of the pipeline multiple times, it was possible to determine that the blocking pipeline was caused by The defendant Wu and other 12 households upstairs were appropriate to jointly bear 30%of the losses of the plaintiff. According to the "Property Service Contract", the common part of the living balcony and kitchen of this case belongs to the public part of the entire building, which belongs to the property company's property services. Property companies have the obligation to maintain, repair and manage. The evidence of the defendant's property company was not enough to confirm that it fulfilled the maintenance and management obligations of the water pipeline involved in the case in accordance with the contract, and did not timely unblock the plaintiff's house on June 11, 2020 due to the blockage of the pipeline. Therefore, there is a certain mistake in the occurrence of the consequences of the damage of the case in a property company. It shall bear the corresponding compensation liability, and shall be determined that the property company shall bear 20%of the losses of the plaintiff as appropriate.

In summary, the court finally made the above judgment.

Red Star News reporter Jiang Long

Editor -in -chief Tang Huan editor Xiao Ziqi

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