On the 19th, Ms. Song, the owner of Building 2 of Hongji Huayuan, Congtai District, called the news **8181890 that the underground sunshine roof glass of her house was smashed by the falling ice from the high-rise, and the scene was in a mess.
Owner: The property has not fulfilled its responsibility to eliminate hidden dangers
Ms. Song said: "My house is on the first floor of Building 2 of Hung Kai Garden, with a sunroom in the basement, which is an all-glass roof. Because it just snowed heavily last Thursday, I rested at home last Saturday, thinking that it was a heavy snow accumulation, which crushed the glass of the sunroom, and later found that the basement was a relatively large piece of broken ice, under normal circumstances, there are some Xiaoice pillars falling from the high-rise, which can be understood, especially the sunshine roof glass is three-layer laminated and will not be smashed. Then I contacted the property company to get the monitoring, and found that it was caused by the large ice that fell on the high floor, but the location of the floor could not be determined, and a property officer said that it may be that the pipe of the solar collection panel of the high-rise residents was frozen and cracked. So I went upstairs with the property staff to find out the cause from house to house, and finally found that it was the owner's house on the 29th floor, and the water heater solar collection panel pipe hanging outside the window sill was leaking, and it formed a large icicle due to the cold weather, and it melted and fell because of the sunny day. ”
At that time, I also reminded the owners in the owner group that in order to avoid the formation of icicles due to the freezing and leakage of the pipes, the solar water valve must be closed, and what should happen if the icicles hit the passers-by?No one in the group responded to me. Through communication with the property staff, the owner of the 29th floor turned off the inlet valve of the water heater, and at first said that he would compensate for the cost of smashing the glass, and then did not mention this again. The property company also does not give an explanation, and they should take responsibility for the management of the community and eliminate the potential safety hazards of the community in a timely manner. Now my house has smashed 4 large pieces of glass, and the basement is a mess, and I don't know who to turn to for a while. ”
Property: Fully cooperating with the owner
Ms. Wang, a staff member of Hongji Property Company in the community, said that she knew that the glass of Ms. Song's sun room was smashed, and before the glass was not damaged, our company personnel had reminded the residents that it was best to spread some old bedding and old clothes on the glass as a buffer.
The reporter learned from Ms. Song that the glass of a neighbor's house on the first floor of Building 2 where she lived was also smashed by icicles falling from a high altitude, causing varying degrees of damage.
Lawyer: Grasp the evidence and clarify the responsibility
In this regard, Li Xiaolan, a lawyer in our city, said that first of all, according to Article 1253 of the Civil Code of the People's Republic of China, if a building, structure or other facility and its shelving and hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. In this case, if it can be proved that the icicles caused by the leakage of the water heater of the residents on the 29th floor hit the glass house on the first floor, the residents on the 29th floor should be liable for compensation. If it is caused by natural snow, the property may need to bear some responsibility, which depends on whether the management measures taken by the property can exempt itself from liability.
Secondly, the property management company, as the manager of the community, has the obligation to repair, maintain, manage and maintain the exterior wall, and in the process of providing property management services, it fails to take measures to carry out reasonable safety management of the exterior wall of the residential building in the community, and it is not enough to prove that it has fulfilled its management responsibility, if the exterior wall falls off and hits objects and people, the property shall be liable for the damage consequences. In extreme weather like this case, the property personnel should check whether the rain and snow have caused hidden dangers to the exterior wall of the building, and repair it in a timely manner.
Handan News Media Center reporter Hu Haoliang.