Court ruling after 40,000 sued property for repairing a mans car in an underground garage

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 Court ruling after 40,000 sued property for repairing a mans car in an underground garage


Rainstorm flooded garage inflow vehicles

From 20:00 on August 3 to 8:00 on August 4, 2017, the 12-hour cumulative precipitation in our city reached 113.6 mm, reaching the level of torrential rain. Flood disasters of different degrees were common in urban areas. Underground garage of Shijiaxinghai District in Shahekou District was flooded and many cars were flooded.

At 6:00 a.m. on August 4, the Xinghai Fire Squadron received an alarm from property workers for help. The underground garage of Shijia Xinghai District was flooded by rainwater, and the safety of peoples lives and property was seriously threatened. As all the squadron police forces were dealing with disaster accidents in all areas under their jurisdiction, no police force was sent to it for the time being. After the squadron disposed of the remaining sites around 9 oclock, two cars and 10 people were dispatched to Shijia Xinghai District for drainage. The drainage was disposed of for more than 9 hours until 18:00 on the same day, and then rushed to the next site for further disposal.

The underground garage was flooded seriously, and a Beijing Hyundai car parked in the garage parking space by Mr. Sun was damaged by flooding. On November 4, 2017, Mr. Sun spent 43,000 yuan on repairing damaged vehicles.

Subsequently, Mr. Sun brought a lawsuit against the property company of the residential district and asked the property company to compensate for the loss of 43,000 yuan in vehicle maintenance.

The court held that the property should bear 30% of the responsibility.

The court considered that the defendant, as the property service unit of the community, has the obligation to manage and maintain the property service area of the community. Article 47 of the Regulations on Property Management also stipulates that property service enterprises shall assist in the safety precautions in the property management areas. When a safety accident occurs, the property service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. Because the property company has not fully fulfilled the obligations stipulated in the law and the property service contract, causing Mr. Suns vehicle flooding damage, the property company should bear the corresponding liability for compensation.

As for the responsibility-taking section, from August 3 to 4, 2017, under the joint influence of the northern cold air and the northern circulation of typhoon No. 10 Haitang, heavy rainfall occurred in the whole city, with a wide range of rainfall, heavy rainfall, strong intensity, poor drainage of municipal pipeline network, low-lying garage area and other factors, which aggravated the difficulty of the defendant in preventing garage flooding and protecting property of the owners.

As an adult, Mr. Sun should have a certain ability to predict the possible hazards of heavy rains. Mr. Sun was unaware of the danger of parking in an underground garage during a rainstorm, and therefore he did not pay due attention to his own property. As a property service department, before August 3, 2017, the meteorological department had forecast the amount and time of the rainstorm, and issued warnings to the public through various media such as the Internet. If the defendant took active and effective measures to prevent and drain water, the damage caused by the rainstorm might be minimized. According to the actual situation of the case and the defendants responsibility in the accident, the court decided that Mr. Sun should bear 70% of the responsibility, and the property of the community should bear Mr. Suns loss in 30% proportion.

Heavy rainfall is not force majeure

The peoples court of Shahekou District decided in the first instance that Dalian Credit Suisse Property Management Co., Ltd. compensated Mr. Sun for 12.9 million yuan in vehicle maintenance losses, and rejected the plaintiffs other litigation requests.

After the verdict of the first instance, the property company refused to appeal. The property company considers that the torrential rain from the night of August 3 to the morning of August 4, 2017 is a natural disaster and meets the force majeure stipulated by law; the property has fulfilled its duty of notification and taken reasonable preventive measures, and should not be liable for compensation for the consequences of damage to Mr. Suns vehicles; the property service enterprise shall assist in the safety of the property management area in accordance with Article 47 of the Property Management Regulations. Preventive work. When a safety accident occurs, the property service enterprise should report to the relevant administrative department in time to assist in rescue work. It is wrong to conclude that the property company has not fully fulfilled its obligations under the law and should bear the corresponding liability for compensation. This article does not define full performance in detail, but to fulfill the obligations of the property service enterprise. For the exemption of the above obligations, property companies have taken preventive measures before the rainstorm, and should not be liable for compensation. The Court of Second Instance held that force majeure refers to unforeseen, unavoidable and insurmountable objective circumstances. Although heavy precipitation occurred in the whole city from August 3 to 4, 2017, it is not force majeure. Recently, the final judgment of Dalian Intermediate Peoples Court: reject the appeal and maintain the original judgment. Source: Peninsula Morning Post Author: Liang Tongs Responsible Editor: Su Hong-hung_NBJ9980

After the verdict of the first instance, the property company refused to appeal. The property company considers that the torrential rain from the night of August 3 to the morning of August 4, 2017 is a natural disaster and meets the force majeure stipulated by law; the property has fulfilled its duty of notification and taken reasonable preventive measures, and should not be liable for compensation for the consequences of damage to Mr. Suns vehicles; the property service enterprise shall assist in the safety of the property management area in accordance with Article 47 of the Property Management Regulations. Preventive work. When a safety accident occurs, the property service enterprise should report to the relevant administrative department in time to assist in rescue work. It is wrong to conclude that the property company has not fully fulfilled its obligations under the law and should bear the corresponding liability for compensation. This article does not define full performance in detail, but to fulfill the obligations of the property service enterprise. For the exemption of the above obligations, property companies have taken preventive measures before the rainstorm, and should not be liable for compensation.

The Court of Second Instance held that force majeure refers to unforeseen, unavoidable and insurmountable objective circumstances. Although heavy precipitation occurred in the whole city from August 3 to 4, 2017, it is not force majeure.

Recently, the final judgment of Dalian Intermediate Peoples Court: reject the appeal and maintain the original judgment.