The quilt is basking in the fire suspect the cigarette butt upstairs causes the man to sue the neighbor to receive the compensation 10 thousand and 5.

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 The quilt is basking in the fire suspect the cigarette butt upstairs causes the man to sue the neighbor to receive the compensation 10 thousand and 5.


In February 3rd this year, Mr. Ma took his mother out to buy new year products. A cheerful phone call made him unhappy. It turned out that his house caught fire on the balcony, and fortunately, the fire was quickly put out. Mr Ma suspected that someone upstairs had thrown cigarette butts, so he took the property and nine owners upstairs to court, claiming a total of more than 60,000 yuan for various losses. Modern Express reporter learned that recently, the peoples Court of Lishui District of Nanjing city made a first instance judgment on the case.

The quilt was caught in the fire and the upstairs neighbor became a defendant.

Mr. Ma lived in room 602 of a residential area. Around 1:30 p.m. on the day of the incident, he sunned his bedclothes on the balcony and went out with his mother to buy new years goods. Around 3 p.m., he received a telephone call from the property company, saying that the house was on fire. Fortunately, the fire was quickly put out. According to the fire department, the accident was caused by a foreign fire, which ignited the quilt outside the balcony, then burned the quilt to the wooden chair in the room, then burned the curtains, washing machines and daily necessities on the balcony. The fire area was 3 square meters, and no casualties were reported.

After the accident, Mr. Ma declared to the fire department that the property loss was a washing machine, a sofa set and other items totaling more than 20,000 yuan. He believes that the greatest possible source of external fire is cigarette butts, caused by high-altitude parabolic upstairs owners, and East Asia Property Company service is not in place, management dereliction of duty, so he will be the house in 10 units and its balcony directly perpendicular to and adjacent to 2 households, 6 floor above 10 owners and East Asia Property Company as a defendant charged. Court. An upstairs owner, sun, has been living abroad for years, and no one has lived in his home. Mr. Ma has withdrawn his charges against him.

According to the contract signed by Mr. Ma and the property company, one of them stipulates that no clothes hangers outside the balcony are allowed in the residential area, and Mr. Ma has the behavior of hanging clothes hangers outside the balcony, which violates the prohibitive agreement in the agreement. The property company did not advise, stop or report Mr. Mas behavior.

Owners and property do not consider themselves responsible.

Mr. Ma believes that property companies do not fulfill their responsibilities in the daily management and safety propaganda of the residential area, neglecting management, and there are security risks. In addition, the upper tenants are above the fire point, so they are responsible for the accident.

Property companies said they fulfilled their obligations under the contract, and Mr. Mas so-called cigarette butt caused the fire only speculation, fire opinions issued by foreign sources, but there are many kinds of fire, not necessarily high-altitude parabols, may also be fireworks, convex lens light refraction. Mr Ma himself was also at fault, and his loss should have been a direct property loss of only 5,427 yuan as determined by the fire department. After the accident, the property company called the police for the first time and changed the door to Mr. Ma for free.

It is understood that upstairs owners Lu family did not decorate the house, not yet. Another owner, Tao Mou, said his home was 702, no one at home at the time of the incident, no one when the fire went to knock on his home, and later to 802 water to put out the fire. The remaining owners said they were not at home, there were no people at home or only children and so on, but there were no witnesses to prove their claims at the scene of the trial.

7 owners are responsible for 55%, and each compensation is 1964 yuan.

The court found that when the fire alarm arrived, private cars were parked on both sides of the fire corridor in the community, resulting in traffic difficulties and certain delays. The alarm is a property worker, who stated in the record of fire fighting that we did not take the relevant fire fighting, but only assisted the fire squadron to carry out the fire fighting. In the property accident report, the property fire station tool is too small, and encountered difficulties when breaking the door. On the whole, the court decided that the loss of Mr. Mas family was 25 thousand yuan.

The court held that the cause of the quilt fire, according to the affirmation of the accident, was an unsettled cigarette butt or match butt that had fallen from high altitude, and that the person who threw the cigarette butt or match butt was the principal responsible for the accident. The specific person responsible for causing the accident can not be determined, according to the relevant provisions, in addition to being able to prove that he is not the infringer, may be damaged by the building users to compensate. Apart from Lu and Tao, the other owners failed to prove that the loss of Mr. Ma should be compensated for, discretionary liability for 55%; Mr. Ma unauthorized in the balcony to hang clothes racks is the secondary cause of the fire accident, there are certain faults, discretionary liability for 30%; property companies did not bear Mr. Mas fault; Violation of prohibitive agreements for the conduct of persuasion, stop or reporting obligations, and did not regulate the management of parking, resulting in slow entry of fire vehicles, to a certain extent, to expand the loss of Mr. Ma, should bear the corresponding liability for compensation, discretionary 15%. After the court hearing, 7 owners were compensated to Mr. Ma for 1964 yuan, and the property company made a compensation of 1250 yuan. Source: Modern Express editor: Li Cong _B11284

The court held that the cause of the quilt fire, according to the affirmation of the accident, was an unsettled cigarette butt or match butt that had fallen from high altitude, and that the person who threw the cigarette butt or match butt was the principal responsible for the accident. The specific person responsible for causing the accident can not be determined, according to the relevant provisions, in addition to being able to prove that he is not the infringer, may be damaged by the building users to compensate. Apart from Lu and Tao, the other owners failed to prove that the loss of Mr. Ma should be compensated for, discretionary liability for 55%; Mr. Ma unauthorized in the balcony to hang clothes racks is the secondary cause of the fire accident, there are certain faults, discretionary liability for 30%; property companies did not bear Mr. Mas fault; Violation of prohibitive agreements for the conduct of persuasion, stop or reporting obligations, and did not regulate the management of parking, resulting in slow entry of fire vehicles, to a certain extent, to expand the loss of Mr. Ma, should bear the corresponding liability for compensation, discretionary 15%.

After the court hearing, 7 owners were compensated to Mr. Ma for 1964 yuan, and the property company made a compensation of 1250 yuan.