The property service contract is a contract in which the property service provider provides the owner with property services such as the repair and maintenance of the building and its ancillary facilities, environmental sanitation and related order management and maintenance within the property service area, and the owner pays the property fee.
Netizen consultation:
If a high-altitude object in the community injures people, whether the property needs to bear the liability for compensation
Lawyer answers:
The property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green and manage the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it. Property management enterprises and other building managers shall take necessary safety and security measures to prevent the occurrence of high-altitude objects from injuring people; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.
The lawyer adds:
Those who infringe upon others and cause personal injuries shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated. Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.
Legal basis] Civil Code of the People's Republic of China
Article 1254: It is forbidden to throw objects from buildings. Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer. The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.
Property management enterprises and other building managers shall take necessary security measures to prevent the occurrence of the circumstances provided for in the preceding paragraph; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.
Where the circumstances provided for in the first paragraph of this article occur, the public security and other organs shall promptly investigate in accordance with law and find out who is responsible.
Lawyer Fang Fang's profile
Graduated from Southwest University of Political Science and Law, majoring in law. He has worked in the legal department of a large real estate development company for many years, has rich practical experience in real estate business, and is now the legal counsel of many enterprises. He has worked in Guiyang Intermediate People's Court and Guiyang Huaxi District Procuratorate, and has been practicing for many years, with more than 100 litigation cases.