Hengyang court notes ｜ The sewer blocks the residents on the second floor and the water is flooded. The third floor and the fourth floor are responsible

The house where Zhang Hua (pseudonym) lives is located in a residential building 201, Huangcha Road, Yanfeng District, Hengyang City. Among them, the residents on the first floor have diverted and have not shared it with upstairs.

During the National Day in 2020, Zhang Hua discovered that he returned home and found that the family was flooded due to the return of the waterway to the water and the property was damaged. After dredging by professionals, it was determined that the return to the sewer was caused by a large amount of debris. On February 29, 2021, Zhang Hua's house was flooded again. After the incident, Zhang Hua found the owner upstairs to communicate. Because all parties refused to compensate the loss, Zhang Hua claimed it to the Yanfeng District People's Court in early 2022. (Hengyang News Network reporter Tang Jiahua organized)

The court ruled: After trial, the plaintiff Zhang Hua was filed for infringement due to the coexistence of the sewer blocking and the flooding of the water. When the specific responsible person could not find out, all the shared persons of the water pipeline (ie, the original, the defendant three households, the defendant, and the defendant. ) The average responsibility shall be responsible. According to the judicial appraisal of the appraisal agency, the defendant Liu and the defendant Zhou and the defendant Zhou had compensated the plaintiff Zhang Mou's property loss and rental loss of more than 7,000 yuan, and the rest were responsible for the plaintiff Zhang.

Judge said: Article 1,170 of the Civil Code stipulates that more than two people implement behaviors that endangers the safety of others and property. If people are responsible; those who cannot determine the specific infringers shall bear joint responsibility.

Reporter's notes: Flooring height can let your home escape from returning to the water, but the responsibility to jointly bear is unable to escape.

- END -