Due to the blocking pipe, neighbors, properties and developers are fulfilled!The court was sentenced

Due to the blocking pipelines blocked many times of reflux and dung water,

Causes the electrical appliances, flooring, walls, etc.

Who should bear this loss?

An owner of Zhangjiajie, Hunan

25 households in the same unit,

Property company, developer

Prosecution to the court,

Require joint compensation for losses.

What will the court judge?

Look at it together ~

Basic case

After Hu Mou and Gong purchased the commercial house on the third floor of a community in Yongding District, Zhangjiajie, the house was rented to others. Due to the toilet and kitchen pipelines repeatedly occurred in the house, led to the sofa, electrical appliances such as electrical appliances, floor tiles, walls, etc. in the home, etc. The renovation was soaked by sewage and caused the rental to retire.

Because it is impossible to determine whether the use of pipelines is blocked by improper use of the upstairs, or the quality of the pipeline or design. To this end, Hu and Gong sued the developers, property companies, and 25 households in the same unit to the three parties of the Yongding District Court to request a total of 100,103 yuan for the three parties to bear the water transparent loss, the cost of renting the house, and the appraisal fee.

The court trial considers

According to the opinions and actual situation of the appraisal conclusion, the court trial believes that the damage of the plaintiff Hu and Gong's house was caused by the blockage of the sewage pipes of the kitchen and toilet. Improper sewage is one of the causes of pipeline blockage.

Due to improper pollution discharge, the actor cannot be determined, so 20 households who actually stayed at the third floor, including the plaintiff, should bear 30%of the responsibility for the plaintiff's damage according to law.

Secondly, in accordance with the requirements of the "Design Standards for Water Drainage Drainage", toilet sewage and kitchen sewage should be divided into two drainage systems, and two independent sewage pipelines should be discharged separately. The sewage pipes of the plaintiff Hu and Gong's residential buildings converged into a sewage pipe from the third floor. Although the building has passed the acceptance of the construction department, it does not rule out the design defects of the sewage pipe below the third floor.

The developer has a large fault in the occurrence of damage and shall bear 65%responsibility according to law.

Thirdly, the property company has the obligation to clean up the sewage discharge pipelines, and there is negligence in management. It should bear 5%responsibility according to law.

Court decision

After suffering the case of the People's Court of Yongding District, Zhangjiajie City, the pre -appraisal procedure was judicially identified to the damage of the property caused by the water permeability of the house to determine that the loss cost of Hu and Gong was 43828.34 yuan.

Considering the restoration of neighborhood relations, in order to meet the differences between Hu and Gong and other residents, under the coordination of the court several times, Hu, Gong and 20 owners successfully reached the agreement for only 100 yuan per household, and voluntarily abandoned those who did not move in voluntarily. 5 owners compensation. In the end, the court ruled that the defendant Zhangjiajie's real estate development company compensated 28488.42 yuan; the defendant Zhangjiajie's property service company compensated 2191.4 yuan. Zhangjiajie Intermediate People's Court maintained the original judgment.

Judge remind

Far relatives are not as good as neighbors. Neighbors should properly handle adjacent relationships such as favorable production, convenience of life, unity, mutual assistance, fairness and reasonable spirit, and correctly handle the interception, drainage, passing, ventilation, lighting and other aspects.

The common water pipe and the sewage pipe are public facilities. Developers should be built as required. The property company should clean up regularly. The owner should use it properly and reasonably to avoid being liable for common compensation due to the fact that the specific infringer cannot be found when the infringer occurs. Essence

Source: Zhangjiajie Lieutenant Council, Hunan High Court, Shandong Gaofa

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