If there is a fire in the rental house
What are the respective responsibilities of landlords and tenants?
Who pays for the loss?
Case review
In September 2021, a fire broke out in the house involved in the case, Xu was burned, and the house and items involved in the case were damaged.
The "Fire Accident Identification" issued by the Tongzhou District Fire and Rescue Detachment determined that the cause of the fire was a deflagration in the process of using an ignition stick to ignite the gas stove. The gas stove was the equipment and facilities attached to Jin's purchase, and had not been replaced for more than ten years at the time of the deflagration accident. Now Xu is suing for Jin, a gas company, and a property company to bear the liability for compensation.
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Verdict
The effective judgment held that Xu was the lessee of the house involved in the case, and after discovering that the gas stove involved in the case could not be used normally, he did not take sufficient safety measures, but instead used an ignition rod to ignite the gas, which was extremely dangerous and caused the gas stove to deflagrate, which in turn caused the fire accident and led to his own injuries, and Xu was mainly at fault for the occurrence of the fire accident and should bear the main responsibility for the occurrence and consequences of the accident.
Jin was the actual owner of the house involved in the case, and the gas stove was the equipment and facilities attached to Jin's purchase of the house, and Jin did not replace the gas stove from the time of the purchase of the house to the time of the deflagration accident. As the actual owner of the house, Jin has the obligation to ensure the safe use of the facilities and equipment in the house, and after Xu reported to him that the gas stove could not be used normally, Jin also failed to perform the obligation to verify and eliminate the potential safety hazards of the gas stove, so Jin was at fault for the occurrence of the fire accident and should bear the corresponding liability for compensation.
The gas company conducted a safety inspection on the safe use of gas in the house involved in the case, and the gas stove equipment did not belong to the service scope of the property management company, and there is no evidence to show that the gas company and the property management company were at fault for the occurrence of the accident.
Therefore, it was decided that Xu was 70% responsible for the fire accident, Jin was 30% responsible for the fire accident, and the gas company and the property company were not liable.
Basis of Judgment
Xue Qiang, a member of the party group and vice president of the Beijing No. 3 Intermediate People's Court, said that fire accident cases are characterized by many responsible entities, complex legal relationships, serious damage consequences, and sharp contradictions between the parties.
In this case, the lessee lacked awareness of fire prevention and fire protection, and the gas equipment provided by the lessor had potential safety hazards, and both parties should be liable for the fire.
Ah-pop tips
Fire safety is a matter of concern
The safety of life and property of every household
Whether it's a landlord or a tenant
They should be clear about their own fire protection responsibilities
Fulfill security obligations
As a member of the public, we should enhance our awareness of fire prevention and safety, and pay attention to two "risk points" - the risk point of preventing the fire of heating appliances and the risk point of preventing the fire of electrical equipment. At the same time, four "nos" should be achieved: do not operate kitchen utensils in violation of regulations, do not use aging electrical equipment and wiring, do not block fire escapes, and do not charge electric vehicles in violation of regulations.
As a landlord, he is the first person responsible for the fire safety and use safety of the rental house, and should ensure that the rented house is equipped with safety exits and is equipped with fire extinguishers, escape ladders and other fire protection facilities. Regular safety inspections should be carried out on rental houses, and tenants should be instructed to use electricity, gas and other facilities safely.
As a tenant, you should also establish a sense of safety precautions, use the house in accordance with the safety requirements of the planned use, structure, fire protection, electricity and gas use of the house, and discover, eliminate or notify the lessor to eliminate potential safety hazards in a timely manner.