I live on the first floor, and the day before yesterday it rained heavily and caused the first floor

Heavy rain is inundated, this is a natural disaster, and it is difficult to get compensation unless you have insurance.

In addition, if there is evidence that the flooding is responsible, the unit can be required to compensate, such as road construction, the sewer pipe was dug up, causing the flooding, the construction team can be required to compensate.

In addition, if it can be proved that there is a problem with the developer's design, and relevant evidence can be found, the developer can also be compensated.

Disasters such as typhoons, heavy rains, and ** are even more non-man-made force majeure, and there is no compensation for the resulting damage to people and property. However, the first side will carry out rescue, and all sectors of society will help, which is relief rather than compensation.

Heavy rain is a natural disaster, and the developers and property management companies do not need to bear the responsibility for compensation and maintenance unless the owners can prove that the design of the building is flawed, or the construction does not meet the national standards and industry standards, resulting in the failure to meet the required resistance to heavy rain. Houses are generally approved for planning and design before construction, so it is very difficult to find evidence from design flaws. To prove that the building's underground pipe network does not meet national or industry standards, it also needs to have conclusive evidence, otherwise it is difficult to claim compensation from the developer.

However, if the tenant has purchased the relevant insurance, the owner can make a claim to the insurance company in accordance with the terms of the insurance.

According to the Tort Liability Law, whoever infringes shall be compensated, and the compensation value shall refer to the actual loss value. If the property management is not in place, resulting in the flooding of your first floor, then the property should compensate for the corresponding loss, which is generally limited to the actual loss and will not exceed the actual loss. If it is not the reason of the property, it is because the first floor is flooded due to heavy rain, and the property will not pay.

Is it reasonable for the shops in the mall to be flooded, and the property claims to be a natural disaster and refuses to pay compensation? None of the surrounding areas were flooded, but a few of our households.

There will be many such situations in our lives. First of all, you can consider whether the specific plan is serious, whether it needs to be redecorated or compensated. If you go to negotiate with the owner upstairs, you will understand it normally, and both parties will negotiate a standard that is mutually agreed.

If you really can't negotiate, you can communicate through the property, and if you can't do it, go to court to sue.

Call the person of the property, and then call a professional to assess the loss, and after the assessment is completed, the upstairs person who leaks the water will compensate for all the losses if the upstairs person approves it.

You can negotiate with the upstairs residents to see how many items are damaged in your home, and compensate at a discount

First of all, it will be resolved through negotiation, and if you are not satisfied with the negotiation, you can sue him!

If the water leakage upstairs causes losses to the downstairs, negotiate with the upstairs to solve it first, and if the negotiation fails, you can collect evidence and go to the court to solve the problem.

It is best for both parties to negotiate to solve the problem, there is no need to turn your face and not recognize people, and you will not see you when you look down.

First find the upstairs to negotiate, if it doesn't work, find the property, and then don't go to court.

Compensation for actual economic losses.

Legal analysis: The owner of the house flooded upstairs can claim compensation in the following ways: 1. Negotiate with the owner of the upstairs, and if the agreement is reached, compensation will be made for the results determined by the agreement; 2. If there is no negotiation or inconsistency, an application may be made to a mediation organization for mediation; 3. If the mediation fails, a lawsuit can be filed with the court.

Legal basis: Civil Code of the People's Republic of China

Article 179:The main methods for bearing civil liability are: (1) stopping the violation; (2) Removing obstructions; (3) eliminating the danger (4) returning property; (5) restitution to the original state; (6) Repair, rework, or replacement; (7) Continued performance; (8) Compensate for losses; (9) Pay liquidated damages; (10) Eliminate the impact and restore reputation; (11) Apologize. Where the law provides for punitive damages, follow those provisions.

The methods of bearing civil liability provided for in this article may be applied separately or in combination.

Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.

Legal analysis: It is necessary to find out what caused the first floor of the house to be flooded by rainwater, and determine the relevant responsible party. For example, if it is simply because of a heavy rainfall, and it is a once-in-a-century rainstorm, and the drainage volume far exceeds the design scope of urban drainage, then it is a force majeure and you need to bear your own responsibility.

If the house is flooded because the developer does not meet the standards in the design of the sewage system, then the responsibility lies with the developer, and if the drainage is not in place due to the poor management of the property company, then the property company shall bear the corresponding liability for compensation.

Legal basis: Civil Code of the People's Republic of China

Article 296:Where the owner of immovable property rights uses adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing harm to the adjacent immovable property rights holders.

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability. Where the perpetrator is presumed to be at fault in accordance with the provisions of law, and the perpetrator cannot prove that he is not at fault, he shall bear tort liability.

Article 1167:Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, or eliminating dangers.

Legal analysis: First of all, if it is only caused by pure heavy rain, and natural disasters are caused by simple damage, there are no other problems, and the relevant losses may be difficult to find a third party to bear (except for the insured), and generally bear them by themselves. If the relevant insurance is purchased in advance, the relevant insurance company shall pay the claim.

Second, if other issues are involved, a third party may be required to bear the liability for damages, depending on the circumstances. For example, because the house itself has design defects, or quality problems, and is within the warranty period, or although the warranty period is exceeded, but there has been a problem that has not been solved, you can find the developer, and the developer will bear the corresponding loss responsibility.

For example, if the property management company neglects to manage in a daily manner, the drainage system of the community is blocked, or the property management company fails to perform the relevant obligations in a timely manner after the rainstorm, the property management company also needs to bear the corresponding liability for damages.

Thirdly, there may also be some local disaster relief policies, and some compensation may also be given.

Legal basis: Regulations on Natural Disaster Relief

Article 19: After the danger of natural disasters is eliminated, the people in the affected areas shall make overall plans for the study and formulation of plans and preferential policies for the restoration and reconstruction of residents' housing, organize the reconstruction or repair of residents' houses damaged by the disaster, and give key assistance to families with real difficulties in recovery and reconstruction.

The restoration and reconstruction of residents' housing shall be adapted to local conditions, economical and practical, and ensure that the quality of housing construction meets the requirements of disaster prevention and mitigation.

The people's ** civil affairs and other departments in the disaster-stricken areas shall issue subsidy funds and materials to the subsidized recipients of the housing restoration and reconstruction that have been verified and confirmed, and the housing and urban-rural development departments shall provide necessary technical support for the reconstruction or repair of the residents' houses damaged by the disaster.

Article 20: The recipients of subsidies for the restoration and reconstruction of residents' houses shall be applied for by the victims of the disaster themselves or nominated by villagers' groups or residents' groups. After democratic appraisal by villagers' committees and residents' committees, if the conditions for assistance are met, the objection is publicized within the scope of the natural village or community, or if the objection is not established through the democratic appraisal of the villagers' committee or residents' committee, the villagers' committee or residents' committee shall submit the evaluation opinions and relevant materials to the township people's ** and neighborhood offices for review and approval, and report to the county-level people's ** civil affairs department for examination and approval.

Legal analysis: First, the two parties can negotiate the amount of compensation by the two parties. Second, if the negotiation fails, a lawsuit can be filed to demand compensation, and it is necessary to find a professional appraisal agency to give an appraisal of the amount of losses, and apply to the court to entrust an appraisal agency after the lawsuit, and do not unilaterally entrust an appraisal agency yourself.

Legal basis: Article 1184 of the Civil Code of the People's Republic of China 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 analysis: There are two ways to compensate for the leakage of the house upstairs: first, the two parties negotiate privately, and the amount of compensation can be negotiated by both parties.

Second, if the negotiation fails, a lawsuit can be filed to demand compensation, and it is necessary to find a professional appraisal agency to give an appraisal of the amount of losses, and after the lawsuit, apply to the court to appoint the suspect to entrust the appraisal agency, and remember not to take yourself away and unilaterally entrust the appraisal agency.

Legal basis: Regulations of the People's Republic of China on Public Security Administration Penalties (Amendment) Article 2 Where social order is disrupted, public safety is endangered, citizens' personal rights are violated, or public or private property is constituted, a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be pursued in accordance with law; Where criminal punishment is not sufficient and a public security administrative punishment shall be given, punishment is to be given in accordance with these Regulations.