First floor resident flows backward by sewage in the home by bubble, how to undertake thought fors the time being?
In daily life, often happen sewer jams or sewer does not accord with a standard to wait cause sewage to flow backward building, the thing of bubble bad floor, furniture, how ought to this moment owner safeguard his rights and interests?
Normally the circumstance falls, cent of communal drainage system is dweller residence two kinds, one kind is blowdown canal, one kind is storm sewer. The daily dredge that blowdown is in charge of, by content normally the canal is in charge of, fixed dredge, this is the service contract that is written into resident and content canal to sign is medium. If because of blowdown the foul water that daily dredge problem of the canal causes flows backward, want to investigate the duty of property company; If because of other owner the blowdown that cause is in charge of,jam problem, can choose to investigate the duty of other owner directly.
One, case is narrated
On August 15, 2018 afternoon, some village a 2 buildings are same and unit two home resident, because of the home medium toilet issues water pipeline sewage to flow backward, indoor be wided at the same time. Content canal is in in building of make one's rounds after discovery, informed resident in time. The person was sent to undertake to issueing water conduit dredge is handled namely after. These two resident arrive with was not being used up for service obligation, to content the canal puts forward to compensate for a requirement. Content canal makes known his position to say: What is the origin of incident, who is right responsibility person, what is content provides the basis that assumes liability to pay compensation? These two resident also say to be clear about hard temporarily.
2, legal basis
1, " matter right law " the 84th, the 92nd regulation, praedial photograph adjacent obligee ought to help each other according to advantageous production, convenient life, solidarity, fair and reasonable principle, adjacent of correct processing photograph concerns. Because praedial obligee waits with cop of water, catchment, current, laid use photograph adjacent praedial, the praedial obligee that ought to avoid pair of photograph adjacent as far as possible is caused damage; Cause damage, ought to offer compensation.
2, " civil code general rule " the 83rd regulation, praedial photograph adjacent each, ought to help each other according to advantageous production, convenient life, solidarity, fair and reasonable spirit, the photograph adjacent that handles the side such as cut water, catchment, current, ventilated, daylighting correctly concerns, just cause to adjacent cloggy or losing, ought to stop enroach on, eliminate to hamper, recoup a loss.
According to the regulation, "Photograph adjacent counterpoises " it is the right that when point to praedial everybody or making choose and employ persons is handling photograph adjacent to concern, enjoys. Obligee can request same root conduit according to afore-mentioned law " use person " assume corresponding legal responsibility. These legal responsibility include to stop enroach on, eliminate to impare and recoup a loss.
3, clear responsibility person
1, in if be conduit,be being used, because content is in charge of maintenance not to reach the designated position,cause, responsibility nature is in charge of in content.
2, when pipeline of blowdown of property personnel dredge, the discovery after opening jams content is sock, dishcloth, sanitary towel unexpectedly those who wait to be dissolved not easily is sundry, this is to cause conduit to jam, sewage is returned to first floor indoor, furniture floor by the main reason of bubble. Unit building is same advocate of blowdown conduit " praedial obligee " and " use person " it is this unit include these two resident inside all resident.
3, upstairs resident toward next conduit civil strife is sundry cause jam, that is to say, this upstairs belongs to neighbour to use water undeserved cause. In fact upstairs " praedial obligee " and " use person " already right the praedial obligee of photograph adjacent was caused in fact damage. Judge from this, this unit building is all the direct responsibility person that resident is this incident undoubtedly.
4, case analysis
According to regulation of doctrine of photograph adjacent tort, pipeline of unit and downstair water jams bring about the sewage in home of first floor resident to flow backward, if because upstairs resident is in charge of the chaos in the path to throw life article to bring about toward sewage,be, cannot differentiating again is the article of whose home, jural cannot find an infringer, the version that upstairs and all resident wants to assume responsibility for this has certain legal basis.
Content canal is in charge of coordinating matters concerned of this unit and upstairs all resident and this two bilateral and collective consultative compensation, if do not talk things over, the victim can be passed sue its unit and upstairs all resident will solve.
Because this upstairs and all resident all should bear the loss that causes from this in proportion, first floor two use people that resident also is this blowdown conduit, accordingly they also should assume corresponding responsibility in proportion.
5, dimension power program
1, withhold testimony: The building is slack, sewage flows backward, should take a picture above all reservation evidence.
2, person of affirmatory and slack responsibility: The building is slack system of structure, as waterproof as the building processing, drainage, with water undeserved wait about, so we should look for professional to be opposite slack undertake checking, judge slack reason, define slack responsibility person. After affirmatory responsibility person, can ask neighbour, property or development business undertake compensatory.
3, negotiate dimension right: Hold evidence to look for responsibility person to undertake negotiation, can ask the other side is restorable, also can ask the other side has the compensation of upkeep.
4, litigant thought fors the time being: Although we are taking evidence to look for responsibility person to talk things over, but likelihood buck-passing of the other side perhaps disagrees to compensating for amount, the dispute with slack building still is couldn't get solve.
5, do not talk things over but lawsuit: Lawsuit is not a purpose it is a kind of method only just, in real case, such a lot of dispute are talk things over in litigant process finish.
Anyhow, it is which one party assumes responsibility no matter, owner ought to be in discover sewage flows backward when the circumstance timely take remedial action, paralell connection fastens property orgnaization, fall the loss to lowest first. Reelection choose talks things over solve, uphold the right of oneself, or appeal arbitrates or lawsuit.
