Elevator water ingress liability compensation Please ask experts in elevator and legal matters

If the elevator is caused by the owner's accidental soaking, the maintenance cost should be compensated. When it rained, the property company failed to fulfill its duty of care, and the elevator was blistered, and the property company was responsible.

Article 32 of the Property Law Where a property right is infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means.

Article 33: Where a dispute arises over the ownership or content of a real right, the interested party may request confirmation of the right.

Article 34 Where a person has no right to occupy immovable or movable property, the right holder may request the return of the original property.

Article 35 Where a real right is obstructed or may be obstructed, the right holder may request that the obstruction be removed or the danger eliminated.

Article 36 Where damage is caused to immovable or movable property, the right holder may request repair, rework, replacement or restoration to its original state.

Article 37: Where property rights are infringed upon, causing damage to the right holder, the right holder may request compensation for damages, and may also request to bear other civil liabilities.

Article 38: The methods of protection of property rights provided for in this chapter may be applied separately or in combination according to the circumstances of the infringement of rights.

In addition to civil liability, in addition to civil liability, those who violate administrative regulations shall bear administrative liability in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

In view of the fact that the elevator is a common facility in the community, it should be managed by the property management company. In addition, it is necessary to explain and even identify what causes the water ingress into the elevator, and the party at fault shall be liable in combination with the contract, whether it is the developer and the property. Elevator manufacturers, elevator installation companies or personal reasons of the owner.

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. Article 1202: If the product is defective and causes damage to others, the producer shall bear tort liability.

After the elevator water ingress, it must be dealt with in time, generally speaking, it is directly to the property to reflect the problem, and then the property to solve it.

But if you want to say that after this kind of problem arises, who will bear the responsibility, then you have to see what kind of reason causes the problem of water ingress in the elevator. Generally, it is observed through monitoring, if it is due to an unexpected situation, the water pipe rupture causes the elevator to enter the water, it can only be implemented in accordance with the regulations in the property law, which is basically the unilateral responsibility of the property.

This actually depends on the actual situation, if the water ingress of the elevator is caused by the management negligence of the property company, or there are loopholes in the management, it is naturally borne by the property company. However, if the water ingress of this elevator is artificially caused by a certain owner, then the ultimate responsibility is naturally borne by this owner. If the water ingress of the elevator is caused by the negligence of the property management company and the wrong operation of a certain owner, then both parties should be jointly liable.

Leaking walls, rain floors, soaked properties are responsible. Article 53 of the Property Management Regulations stipulates that the owners of residential properties, non-residential properties in residential communities or non-residential properties connected to the structure of a single residential building shall pay special maintenance funds in accordance with the relevant provisions of the State.

The property depends on whether a certain amount of maintenance costs have been agreed with the maintenance company in the contract, and if so, it will be executed according to the agreement; If not, the owner, who is the owner of the elevator, will have to bear the cost of maintenance, in which case the cost of "house public maintenance**" is often used.

If the property damage is caused by the elevator flooding, the person who gets the elevator into the water shall be liable for compensation according to the fault. In addition, property damage is calculated according to the market** or other means at the time of the loss.

Article 19: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other methods at the time of the loss.

If the special equipment is co-owned, the co-owner may entrust the property service unit or other managers to manage the special equipment, and the trustee shall perform the obligations of the specified special equipment user unit and assume the corresponding responsibilities. For residential elevators, all owners are the co-owners of the elevators, and the property management company manages them and assumes the corresponding responsibilities. According to the quality supervision department, through the analysis of a number of elevator safety accidents, it was found that on the one hand, it was related to the user's lack of attention to details, and these details eventually became the factors that caused the accident over the years.

On the other hand, the property company chooses some low-cost maintenance companies in the society, resulting in the maintenance work can not be effectively put in place, and this problem is more prominent in the residential elevator.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

Legal Analysis: Responsibility needs to be taken on a case-by-case basis. If the elevator is flooded due to personal reasons, the individual needs to be liable; If the water ingress is caused by the elevator itself, the responsibility lies with the property, and the property bears the responsibility.

Legal basis: Special Equipment Safety Law of the People's Republic of China

Article 38 If the special equipment is shared, the co-owner may entrust the property service unit or other managers to manage the special equipment, and the trustee shall perform the obligations of the special equipment user as stipulated in this Law and bear the corresponding responsibilities. If the co-owners have not entrusted it, the co-owners or the actual manager shall perform the management obligations and bear the corresponding responsibilities. Article 39 The special equipment user shall carry out regular maintenance and regular self-inspection of the special equipment it uses, and make records.

The user of special equipment shall regularly check and overhaul the safety accessories and safety protection devices of the special equipment it uses, and make records. Article 40 The user of special equipment shall, in accordance with the requirements of the safety technical specifications, submit a regular inspection request to the special equipment inspection agency one month before the expiration of the validity period of the inspection. After receiving the regular inspection requirements, the special equipment inspection agency shall conduct safety performance inspection in a timely manner in accordance with the requirements of the safety technical specifications.

The user of special equipment shall place the periodic inspection mark in a conspicuous position of the special equipment. Special equipment that has not been regularly inspected or failed to pass the inspection shall not continue to be used. Article 41 The safety management personnel of special equipment shall conduct regular inspections on the use of special equipment, and shall deal with any problems immediately if they are found; In case of emergency, it may be decided to stop using special equipment and report to the relevant person in charge of the unit in a timely manner.

If a special equipment operator discovers a potential accident or other unsafe factors during the operation, he or she shall immediately report to the special equipment safety management personnel and the relevant person in charge of the unit; When the operation of special equipment is abnormal, the operators of special equipment shall take effective measures to ensure safety in accordance with the operating procedures. Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

If the elevator is flooded, it is quite harmful to the elevator if it is not taken in time, mainly:

1. It is easy to cause short circuit to the elevator control circuit and motherboard, which affects the safety and life of the elevator.

2. The material of the elevator car is easy to cause rust.

3. Cause short circuit to other electrical circuits in the elevator, affecting safety.

When the elevator enters the water, if the car stops higher than the water inlet floor, it will generally not have much impact, and the large amount of water will cause a short circuit in the safety circuit and some switches in the pit will be damaged. It's hard to hurt valuable parts like circuit boards.

If it is below the water inlet surface, most of them will cause the inverter of the door machine motherboard to burn out. Excessive water inlet flow rate will cause damage to the junction box of the car roof maintenance box. Serious damage may be caused to the control cabinet motherboard of the computer room.

It can also cause damage to the operating panel in the car. Generally, the amount of water is small, and most of them damage the door operator motherboard and inverter. There are also cases where there are no problems.

If a large amount of water enters the roof of the car (usually caused by fire protection or water pipe bursting), the problem can be small or large, and in serious cases, the electronic components of the car may be damaged.

Sometimes it may not be serious, because many components are covered by a cover plate, and it is not easy for water to be poured directly on it.

How much is lost depends on how much the thing is broken.

Specifically, ** is flooded, and the elevator is generally in the water pit. The pit water ingress will cause rust to the guide rail, buffer bearing, speed limiter slewing wheel, wire rope and other components, and the elevator operation and safety protection will have great potential safety hazards (according to GB7588 The pit of the elevator must be waterproof design); It is unlikely that the control cabinet will enter the water, because the indoor elevator of the control cabinet has IP54 level protection, and the outdoor elevator is IP55.

As for the loss, the worst loss of an elevator, if someone because of the elevator caused **, is immeasurable.

Hope it helps the landlord!

If the equipment is damaged due to water ingress into the elevator, the property company and the elevator maintenance company should bear the corresponding maintenance and compensation responsibilities. This is because elevator maintenance and upkeep is part of the property company's responsibilities, and the safety and normal use of the electric forest ladder is also their responsibility. When losses and problems occur, the property management company and the maintenance company should bear the corresponding responsibilities and compensation in accordance with the relevant laws and regulations.

It is worth noting that the compensation should be assessed according to the actual situation, and if the loss is relatively large, the property company and the maintenance company should have corresponding compensation protection.

If there is water ingress into the elevator, it should be reported to the rock manuscript property company and the elevator maintenance company in time, so that they can take measures to repair and deal with it. At the same time, during elevator repairs, property companies should take measures to ensure the safety of residents. If elevator repairs cannot be carried out immediately, the property management company should take other measures, such as setting up warnings at the elevator doors or guiding residents to use other elevators, to ensure the safety of residents.

This is also the responsibility that the property company should assume in the day-to-day management.

In addition, as a resident, there is also a certain responsibility for maintaining elevator equipment and use. For example, not intentionally spitting, littering, etc., in the elevator may cause problems with the elevator equipment. If a resident's actions cause a problem with the elevator equipment, they should also be held responsible.

Therefore, in daily life, we should also pay attention to the maintenance of elevator equipment to ensure the normal use of elevators.

In short, elevator water ingress is a situation where there is a problem with elevator equipment, and the property company and the elevator maintenance company should bear the corresponding maintenance and compensation responsibilities. Residents should also pay attention to the maintenance of elevator equipment in daily use, do not deliberately damage elevator equipment, and ensure the normal use of elevators. <>