In the case, the classics 丨 The exterior wall of the building will fall off and smash the car, who should be responsible for

Jia Yongjiao

Case

On February 19 this year, Caramay citizen Sun Mou parked his private car at the door of a residential building in a community. That night, a cement block suddenly dropped from the roof and body of Sun's vehicle from the eaves of the roof. It was smashed.

The next day, Sun went to the community property company to report the matter. The property company said that Sun should go to repair the car first, and Sun spent more than 6,000 yuan for this. After the two parties were negotiated with the maintenance fee, Sun Mou complained to the court to the court.

Sun Mou believes that the property company should be liable for compensation as a community manager, while the property company believes that Sun has not parked the vehicle on the delineation of parking spaces and should bear the main responsibility. In the face of the court, the two sides were fighting endlessly. In the face of the "scourge" of the sky, no one wants to "pay" for this.

Law

Article 1,253 of the "People's Republic of China" stipulates that: buildings, structures or other facilities and other facilities and their shelves, suspended objects fall off, falling and falling causes damage to others. If you have no fault, you should bear the liability for infringement. After everyone, manager or user compensation, those who have other responsible persons have the right to recover from other responsible persons.

Article 1,173 stipulates that if the infringer has a fault on the occurrence or expansion of the same damage, it can reduce the responsibility of the infringer.

Interpretation

“水泥块从楼顶房檐掉落，物业公司作为建筑物的管理人，应当履行相应的检修、维护义务。”承办这起案件的克拉玛依市克拉玛依区人民法院法官欧莎表示，发生事故后，如果You cannot prove that you have no fault, so you should bear the liability of infringement.

Osha said that Sun did not park the vehicle in accordance with regulations, and there was also a fault to the occurrence of damage to the vehicle, which could appropriately reduce the responsibility of the property company. In the end, Sun and the Property Company reached a mediation agreement and each assumed some responsibilities.

Osha urged that as a citizen, he should abide by rules, regulate parking, and respond rationally after contradictions and disputes, and contribute to harmonious neighbors and harmonious communities.

(Reporter Yang Shuhan compiled)

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