Village fireplug does not give water
Fire control passageway is jammed
Facilities of fire control facilities maintains misgovern
Bring about fire to come to help to be enlarged by situation of incur loss through delay, fire from this
Whether does property company need
Assume corresponding damages responsibility?
■ ■ ■ ■
The answer is affirmative
Property company has management and safeguarded obligation to fire control equipment
Its should assume corresponding liability to pay compensation according to fault degree
Case
The Li Mou that lives in some village causes fire because of short circuit of the power supply cord in the home, house and all furniture, article is entire by burn down, igneous situation returns disaster and neighbour, the property of common share also suffers damage.
Fire control detachment is received alarm hind drive quickly toward fire spot. But, because village car place is confused, bring about fire engine to cannot enter a village in time, fireman is forced ran is driven toward the floor that produces fire, incur loss through delay time of put out a fire. When fireman starts fireplug put out a fire, do not have water however, again incur loss through delay opportunity of put out a fire. Final fire department is forced to adopt " curvilinear fire fighting " means -- on the driveway outside stopping fire engine in the village, fireman returns belt of water of fire engine laid to take water. As a result of fire engine passageway not free and fire control establishment are invalid, what fire duration wants to compare forecast is much very long.
Li Mou thinks, the on fire account that the accident maintains is breakdown of electric equipment circuitry, but the difficult decline of loser estate company that igneous situation enlarges place to cause its blame. Property company also is put in fault, the harm that neighbour home gets should by both and collective assume, sue to the court. Forensic classics is maintained after spot perambulate, distance on fire nods closer village gate to be shut by property company; The village road before the unit building door that Li Mou lives two side all park motor vehicle, surplus space slow and can current a motor vehicle, the fire engine when bringing about fire happening cannot sail quickly.
Daily property management puts the village in certain flaw really, this disobeyed the law that property company promise carries to define Wu, enlarged fire really at the same time affect face. The element such as the loss case that the problem on the concern of property service contract between reason of accident of integrated consideration fire, former defendant, property management, accuser suffers, the result that the court thinks property company needs to be caused to fire place assumes less important responsibility, partake partial damages responsibility of Li Mou.
Legal analysis
One, property company assumes obligation of legal fire protection
Law of basis matter right the 81st regulation, the maintenance of all buildings inside property management section and equipment of form a complete set and relevant field, conserve, management, and the maintenance of environmental sanitation and relevant order, owner can manage by oneself already, also can entrust property to serve an enterprise to undertake administrative. Differ with establishment of other form a complete set, public to protection safety has facility of fire control facilities special significance, so the to facilities of fire control facilities maintenance in legislation manages made special provision.
According to " fire service law " 18 the 2nd section provision, uptown property service company ought to is opposite the establishment of public fire protection inside precinct region undertakes administrative maintenance, offer fire control safety to be on guard service. " safety of fire control of mechanism, organization, enterprise, institution administers a regulation " the 10th, also made clear the dweller's uptown property management unit to ought to be inside administrative limits duty has the fire control security that fulfill: ① makes system of fire control security, fulfil responsibility of fire control safety, begin fire control safety to publicize education; ② begins fire prevention inspection, eliminate fire hidden danger; ③ makes sure passageway of scattered passageway, safe exit, fire engine is expedite; ④ ensures establishment of public fire protection, equipment and fire control safety the mark is in good condition and effective.
Can see from inside legal laws and regulations, property company undertakes administrative maintenance to the fire control establishment inside precinct region, it is to be based on the commission between property company and owner not just contract, it is obligation of a kind of legal more.
2, can see from article case, property business management is undeserved bring about itself of fire control establishment or establishment of fire control form a complete set to be short of break, damage bring about fire to spread, its need to serve contract, legal obligation to assume corresponding responsibility according to property, recoup the loss of the injured party.
Property must maintain facility of good fire control
The ability after waiting for accident happening regrets
