originally planned to move into a new house on May Day, but now it seems that this plan is going to be shelved.
There are more than ten days to live
The new house on the 2nd floor was flooded
Ms. Mu is the owner of the second phase of Heyue Huafu on Caotan 6th Road, Chengbei, Xi'an City, she received the house in June 2023, and the decoration was completed in October, the furniture entered the site, and after drying, she plans to move in on May Day this year.
Just before check-in, the unexpected happened.
Ms. Mu's house is the west of the 2nd floor, on April 14, the top of the east house leaked, went to the 3rd floor to check, there was no problem, suspected that the west house had a condition, so she called to ask about the situation of her home, at about 6 o'clock in the afternoon, she arrived and saw that the living room and kitchen top of the house were leaking, the two bathrooms were dripping, and the door frames of the two bedrooms on the north side were soaked to mold.
Ms. Mu's upstairs owner has not yet received the house, after contacting the property, the property opened the door of the west household on the 3rd floor to check, the water is from the main sewer pipe of the guest bathroom, the main pipe has been blocked, there is deep water on the entire ground, and the water is still bubbling out.
According to the verification and judgment of the drawings of the property engineering department, the toilet sewer of this building is an independent pipe for a first-floor shop, an independent pipe for a second-floor residence, and a main sewer pipe shared by a residential building on the third floor and above.
The preliminary estimate is that the loss is more than 100,000 yuan
After the staff dredged it, about 24.8 kilograms of sand were removed from the sewer pipe.
"The sand alone caused the pipes to be blocked and flooded," Ms. Mu said, adding that the sofa, TV cabinet, bathroom cabinet and other homes have water stains, as well as bedroom doors and walls, and the preliminary estimate is that the loss is more than 100,000 yuan.
This building has a total of 11 floors, in the west house, 7 households have been renovated, 1 household is being renovated, the 3rd floor has not been received, and among the 7 households that have been renovated, two households have just moved in, "I must not be able to move in as planned, the loss of my family is so big, but I don't know who to pay for my loss."
On the morning of April 17, a reporter from Huashang Daily Gale News saw in Ms. Mu's house that the ceiling of the bathroom was uncovered, there were water stains on the walls in many places, cracks in the bedroom door frame, and the circuit was also affected, "We didn't dare to turn on the lights." ”
A statement on the water leakage in Room 1-4-××2 of the South District of the Second Phase of Heyue Huafu issued by the Heyue Huafu Property Service Center on April 16 mentioned that the South District of the second phase of Heyue Huafu Community in the Economic Development Zone obtained the completion filing procedures on April 25, 2023, and carried out centralized delivery work. (This year) at 4 p.m. on April 14, the property received a call from the owner to the property after the water seepage on the top of the house, and arranged for engineering personnel to come to the door to investigate the cause of water seepage, which is the main sewer pipe on the 3rd floor of the guest bathroom is blocked and seriously backwater, and there are different degrees of water accumulation in the guest bathroom, the north bedroom, the north side of the restaurant, and the entrance door, after the property cleaning personnel clean up the water accumulation of the household and notify the owner downstairs to check the indoor water seepage, after the door is opened, it is found that the top and wall of the kitchen, guest bathroom, living room, etc. Dripping situation, some kitchen appliances, indoor doors, door covers, and furniture are soaked in water, and mold caused by moisture has appeared in door sets. The drawings of the property engineering department verified and judged that the blocked pipeline was a main pipeline of three floors and above.
At about 8 o'clock in the morning on April 15, the property engineering staff carried the dredging machine to the 3rd floor to dredge, and after 2 hours of dredging, due to serious pipeline blockage, it could not be dredged from top to bottom from the household. In the afternoon, the property contacted professional personnel to deal with the sewer blockage to the scene, sawed open the main sewer pipe shared by the top three floors and above of the first floor, and found that the sand in the sewer pipe was seriously blocked after sawing. After the staff dredged, about 24.8 kilograms of sand were removed from the sewer pipe.
The warranty period had expired at the time of the incident
Property advice litigation to resolve disputes
On April 17, Mr. Li, the person in charge of the property of the community, confirmed that the loss of Ms. Mu's family was indeed very large, but the blockage of the sewer pipe had expired the warranty period, and the property could not divide the responsibility for the incident. In addition, the owner's home opposite Ms. Mu did not suffer much damage, and the property would communicate and dispose of it.
Ms. Mu mentioned that in June 2023, the owners of the building also reported that the 3rd, 4th, 5th, and 6th floors were blocked with sand. Mr. Li said that at that time, the problem of sewer blockage was within the warranty period, and the real estate responsible construction unit cleaned it up on site.
>> lawyer's statement
Inadequate maintenance of sewer pipes
The property company should be responsible
Jin Xin, a senior partner at Beijing Yingke (Xi'an) Law Firm, said that according to Articles 285 and 942 of the Civil Code, property service enterprises or other managers have the obligation to properly repair, maintain, clean, green and manage the common parts of the owners in the property service area, and take reasonable measures to protect the personal and property safety of the owners.
Considering that the blockage of the main sewer pipe mentioned in the case caused the flooding of Ms. Mu's house and the removal of 24.8 kilograms of sand from the pipe, it indicates that the property company may have failed to fulfill its due management and maintenance obligations, resulting in the loss. According to Article 1165 of the Civil Code, if the actor infringes on the civil rights and interests of others due to his fault and causes damages, he shall bear tort liability. As a result, the utility company is responsible for the poor maintenance of the sewer pipes within its management.
Jin Xin said that a Hubei case undertaken by the lawyer team was similar to this case. In that case, after investigation by the property management company, it was found that the main sewer pipe near the ground was blocked by a large amount of domestic garbage, resulting in the domestic water of the unit being backwater due to the inability to discharge, the reason was that the owner used it improperly, but the property management company failed to find and deal with the problem of sewer pipe blockage in time, resulting in the loss of the owner's property, and finally the court ruled that the property management company should bear the corresponding liability for compensation. This case shows that the property management company has a clear responsibility for the maintenance of public facilities in the community, and the property management company needs to bear the liability for compensation in the event of loss to the owner due to poor management.
To sum up, Ms. Mu can claim that the property management company shall be liable for compensation for the losses caused by the flooding of her home in accordance with the relevant provisions of the Civil Code. At the same time, considering that the person in charge of the property suggested that the dispute should be resolved through litigation, Ms. Mu could file a lawsuit for compensation through legal channels.
If the infringer cannot be identified
Compensation may be given by the occupant of the building
Huang Jingzhi, a lawyer at Beijing Jingshi (Xi'an) Law Firm, said that in this case, about 24.8 kilograms of sand in the sewer pipe blocked the pipe, causing Ms. Mu's home to be flooded and suffer losses. This situation is a tort liability dispute in law, and the infringer should bear the liability for compensation, and the first thing that should be confirmed in this case is the issue of the subject of liability. The property management company bears certain responsibilities in maintaining public facilities, and if the property management company fails to properly manage and maintain the sewer pipes, resulting in a blockage, the property management company should bear the corresponding responsibility. The owner is responsible for the maintenance of the sewer pipes used by the owner, and if the owner has improper use and other behaviors that cause the pipe to be blocked, the corresponding owner shall be liable.
If it is indeed impossible to identify the specific person responsible, it may be applied by analogy in accordance with the principle of fairness and in accordance with the principle of high-altitude throwing in accordance with Article 1254 of the Civil Code and the principle of fault liability in Article 1165 of the Civil Code.
Whatever the case may be
Property responsibilities cannot be shirked
Zhao Liangshan, a senior partner at Shaanxi Hengda Law Firm and a well-known public interest lawyer, said that liability depends on the specific cause of the backlash. If the water is reversed due to the developer's unreasonable design of the pipeline, the quality of the pipeline, and the pipeline is within the warranty period, the developer shall be liable for compensation. After the developer assumes responsibility, it can recover from the construction party. If the owner of the upstairs litters caused by the backwater, then the owner of the littering constitutes a tort and needs to bear the liability for fault compensation. If the owner of the litter cannot be identified, the owner of the upper floor (except for the owner who has not taken the house) shall be liable for compensation.
Zhao Liangshan said that regardless of whether there is a quality problem in the pipeline or whether the backwater is caused by the littering of the upstairs owner, as a property company with daily dredging and maintenance obligations, if it fails to fulfill its daily obligations of dredging and maintaining the pipeline, the property company has an unshirkable responsibility and should bear the corresponding fault compensation liability.
Zhao Liangshan reminded that if the property company collects the property fee, it must fulfill the obligation of daily maintenance and dredging of the pipeline, and stop the problem as soon as possible, so as not to regret it when it is disposed of afterwards. The safety of the pipeline is related to the interests of every owner, so the owner should abide by ethics and do not litter at will to prevent the pipeline from being blocked and harming the interests of other owners. As far as this incident is concerned, it is recommended that all parties should handle it rationally in accordance with the principle of harmonious coexistence, and jointly entrust a third-party appraisal agency to identify the cause of the backwater, properly divide the responsibilities of all parties, and then resolve it through negotiation. Huashang Daily Gale News reporter Qing Rongbo
>> case link
One flooded household, 17 households, shared the responsibility equally
Wang is the owner of the 2nd floor of a community, and the new house will be renovated in June 2022. One morning in September of that year, Wang found that the floor drain in the kitchen of the house was backing up and the house was soaked in water. The property company contacted the maintenance worker to dredge the pipe, found that the blockage point was located in the pipeline in the basement, and cleaned up the construction waste, oil and other garbage from the blocked pipe. After identification, Wang's loss was 15,000 yuan. Wang sued the court, demanding that 25 defendants, including the property management company and all the owners of the upstairs, compensate the plaintiff for economic losses. The court also ascertained that the plaintiff's house was vacant, and although it had not been renovated, 7 of the 24 owners upstairs were able to submit evidence to prove that they had not lived in or used their houses before the facts involved in the case. Wanjia Property Company voluntarily assumed the plaintiff's loss of 5,000 yuan.
After trial, the court ruled that Wanjia Property Service Co., Ltd. should pay compensation of 5,000 yuan to the plaintiff Wang within 10 days from the effective date of the judgment, and that the owners of each of the 17 households, including the defendants Zhang and Li, should pay compensation of 676 yuan to the plaintiff Wang within 10 days from the effective date of the judgment.
>>法条链接
Article 1172 of the Civil Code stipulates that if two or more persons commit tortious acts separately and cause the same damage, and the extent of liability can be determined, each of them shall bear the corresponding responsibility; According to the WeChat public account, Shandong High Law
![The completion of the new house, there are some hanging ornaments have not been bought, the living room is 5.8 meters, very spacious![fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)