Am I responsible for injuries caused by property staff working downstairs at my house? 5

Hello, according to your description, the content of your question belongs to the content of the Tort Liability Law.

1. Who bears the responsibility for the injury of the property personnel? If the employee has signed an employment contract with the property management company, and there is an employment relationship between the property personnel and the property, the work-related injury can be determined in accordance with the Regulations on the Administration of Work-related Injuries. According to Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the employer shall be liable for compensation for personal injuries suffered by the employee in the course of employment activities.

If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party. Therefore, the property personnel should compensate the employer or the third party who caused the damage, and whether you are liable depends on whether you have caused damage to the property personnel.

2. Whether you have responsibility can be judged from the following aspects. If you are injured by your subjective intentions and actions, you need to bear certain responsibility, and if the property personnel are careless in the course of work, fail to fulfill their duty of care, etc., you will not be liable.

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There is no responsibility, you have no labor relationship.

If you are injured in the community, whether the property has a noble responsibility depends on whether there is a causal relationship with the property in the process of injury in the community, and if there is no causal relationship, the property is not responsible. If there is a causal relationship, the property is liable accordingly. Responsibility is originally determined by the infringing party.

Therefore, it depends on the event itself to be determined.

Legal analysis

Someone injured in the community property is responsible. The security obligation is a legal obligation, and if the violation of the safety guarantee obligation causes damage to others, the principle of fault liability shall be applied, that is, the property management company will only be compensated if it is at fault. Property management companies and other managers of public places or organizers of public activities must carefully understand the conditions of the premises in the area under their management, investigate possible dangers and damages, eliminate potential safety hazards in a timely manner, and strive to fulfill their safety obligations, otherwise they will be liable for damages if they cause damage to others.

The general public should raise their awareness of risks and be vigilant about their own safety. After the accident, collect evidence in a timely manner, and properly keep the corresponding evidence to protect their own rights. Specifically, it also depends on whether the service is carried out in accordance with the responsibilities and obligations stipulated in the property service contract.

If the road is cleared out in time, and there is ice, frost, water accumulation, etc., the property company does not deal with it in time or remind, resulting in residents falling and injured, the property company needs to bear part of the responsibility due to the lack of cleaning, it is worth noting that in this case, it also depends on the owner who falls down in the time period when he is not cleaning work, after all, the property personnel are not 24-hour working mechanism, and some factors that cause the owner to fall are formed outside the working hours, if it is beyond the cleaning work time period, Then the property company is also not responsible. If the owner falls and the property company is obviously at fault, it needs to bear part of the responsibility, otherwise it is not liable.

Legal basis

Article 274 of the Civil Code of the People's Republic of China Roads within building zoning belong to the owners in common, except for urban public roads. The green space within the building zoning belongs to the common ownership of the owners, except for the urban public green space or the express belonging to the individual. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

Article 285: Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities within the building zoning in accordance with the provisions of Part III of this Law on property management service contracts, accept the supervision of the owners, and promptly respond to the owners' inquiries about the property management services. Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.

There is no duty to judge the property.

1. Whether the duties of the property doorman are in place;

2. After the accident, the property handled it properly at the first time;

3. The property has the responsibility to protect the life and property of the owner; Due diligence release. If there is negligence, there is responsibility.

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Hello question. Falling in the community does not necessarily mean that the property is liable.

Question: There is soup or something like that in the corridor on the tile floor, the light is not on, I fell According to Article 47 of the "Property Management Regulations", property service companies should assist in the safety precautions in the property management area. In this case, the location of the accident occurred in a public traffic area managed by the property management company, and it should be determined that the property management company has a certain obligation to ensure the safety of the area under its management.

Ask a question, but I don't feel like I have a fracture, but it hurts, what should I do, what should I do?

Go to the hospital for a check-up first.

Question: If the injury is not serious, will the property pay for the medical expenses?

The property may only be partially responsible.

It's up to you to assert it.

Whoever asserts is the one who gives evidence.

Question: What should I do if the property doesn't give me monitoring records.

You can call the police or complain about it.

The safety guarantee obligation is a legal obligation at the level of tort liability law, and if the violation of the safety guarantee obligation causes damage to others, the principle of fault liability should be applied, that is, the property management company will only compensate if it is at fault, and the property management company will not take drying measures on the ground in time and set up warning signs to cause you to fall.

Take a look at it! Good luck with a speedy solution!

It depends on what kind of responsibility it is, the tort liability of the subject such as being beaten, and the property is not responsible, so the subject should be held responsible.

Even if it is said that the pile-up in the corridor causes injury, you have to find the person who stacked it to be the main responsibility, and the property is the secondary responsibility.

Responsibility is originally determined by the infringing party. Therefore, it depends on the event itself to be determined.

If the injured property in the owner's community fails to fulfill the obligations agreed in the property contract, resulting in property and personal injury to the owner, it shall bear tort liability; If the property fails to fully fulfill the obligations agreed in the contract or the obligations attached to the contract, it shall bear supplementary liability.

Article 35 of the Property Management Regulations shall provide corresponding services in accordance with the provisions of the property management service contract. If a property service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law. Article 55 of the "Property Management Regulations" When there are potential safety hazards in the property, endangering the public interest and the legitimate rights and interests of others, the responsible person shall repair and maintain it in a timely manner, and the relevant owners shall cooperate.

If the person responsible for the pure return does not perform the maintenance obligation, with the consent of the owners' general meeting, the property service enterprise may repair and maintain the company, and the cost shall be borne by the responsible person.

Summary. We are very sorry to hear that your child has been in such an unfortunate accident. In this case, it is recommended that you contact the relevant departments for help as soon as possible and report to the police so that it can be dealt with in time.

Since there is no property in the community, then other responsible parties should be considered, such as the owner of the house, the real estate developer, etc. If the accident is caused by a structural problem with the house itself, then the owner and the property developer may bear some responsibility and need to deal with it through legal procedures.

In the case of injuries sustained in the complex, the property is responsible.

Hello, if you are injured in the community, the property company will take some responsibility. According to the provisions of the "Property Management Service Regulations", property management service enterprises shall be responsible for the safety of personnel and property in the areas under their control. Therefore, if you are injured in the community because the property company did not maintain or deal with the hazard in a timely manner, then the property company will be considered to have some responsibility in the future.

There is no job. If there is no property in the community, then the problems that occur in the community need to be dealt with by the residents themselves, and they will be responsible for the corresponding responsibilities. In this case, it is recommended that residents actively organize themselves and set up property committees or other forms of self-management organizations in order to better manage the community and safeguard the rights and interests of residents.

The strong wind blew the roof off and smashed the child's brain, and now he has no property in the Chongzheng Intensive Care Unit.

We are very sorry to hear that your child has been in such an unfortunate accident. In this case, it is recommended that you contact the relevant departments of the brother for help and report to the police as soon as possible, and the lead hall will deal with it in time. Since there is no property in the community, then other responsible parties should be considered, such as the owner of the house, the real estate developer, etc.

If the accident is caused by a structural problem with the house itself, then the owner and the property developer may be held accountable and need to go through legal procedures.

At the same time, it is recommended that you contact the local civil affairs, health and other departments as soon as possible to apply for corresponding relief and ** measures to ensure the safety and health of the injured child.

Legal analysis: if it is determined that the property management company is injured due to the lack of management of the property management company, then the property management company will compensate the parties accordingly, and the parties can require the property management company to make corresponding compensation for the damage caused by the parties in accordance with the provisions of the relevant laws. If the property management fee is collected, the property has the obligation to manage the facilities, greening, traffic and safety in the community.

Therefore, if the property has foreseen that the obstruction will pose a threat to the safety of the owner and fails to take the necessary measures, the property management company will be liable. There are several principles of liability, including the principle of fault liability, the principle of no-fault liability, the principle of strict liability, etc. The security obligation is a legal obligation of tort liability, and if the violation of the safety guarantee obligation causes damage to others, the principle of fault liability shall be applied, that is, the property management company will only be compensated if it is at fault.

There are many reasons for falling injuries, and if the property management company is not at fault in the process, the property management company cannot be held liable.

Legal basis: Article 46 of the "Property Management Regulations" property service enterprises shall assist in the safety precautions in the property management area. In the event of a safety accident, the property management service enterprise shall report to the relevant administrative department in a timely manner while taking emergency measures to assist in the rescue work.

Where property management service enterprises hire security personnel, they shall comply with relevant state provisions. When maintaining public order in the property management area, security personnel shall perform their duties and shall not infringe upon the legitimate rights and interests of citizens.

Legal analysis: If the property collects a property management fee, it has the obligation to manage the facilities, greening, traffic and safety in the community. Therefore, if the property has foreseen that the obstacle will pose a threat to the safety of the owner and fails to take the necessary measures, the property management company will be liable.

Legal basis: Property Management Regulations" Article 5 The construction administrative department is responsible for the supervision and management of the national property management activities. The local people's ** real estate administrative departments at or above the county level are responsible for the supervision and management of property management within their respective administrative areas.