Upstairs water leakage compensation standard

Here's how to make a claim:

1. Find the upstairs owner: If the upstairs owner does cause the downstairs residents to "receive water" due to decoration or laying water pipes, the upstairs residents should find the cause of the water leakage and repair it in time, and should also be liable for the damage caused to the downstairs residents by their misconduct.

2. Find a developer: When the house is still under warranty and you are sure that it is not man-made, whether it is the damaged owner or the upstairs neighbor owner, you should let the developer repair it in time. When the developer sends someone to repair the water leakage problem or the maintenance is not in place according to the owner's requirements, after repeated twice, the owner can find someone to repair it by himself, and the cost will be paid by the developer.

When the developer ignores it, the damaged owner can file a complaint with the local quality supervision department, or sue the developer to the court.

Legal analysis: If the downstairs house is damaged due to water leakage upstairs, the property loss shall be calculated according to the market at the time of the loss or other reasonable methods. Compensation according to the losses suffered by the infringed party; Where it is difficult to determine the losses suffered by the infringed party, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

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

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.

Article 1182:Where the infringement of the personal rights and interests of others causes property losses, compensation is to be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

Article 1187:After the damage has occurred, the parties may negotiate the method of payment of compensation costs. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

Legal analysis: 1. Civil compensation is limited to actual losses (including actual losses in goods, related losses, rework, repair costs and lost work costs). 2. Water leakage upstairs that causes losses to the parties:

1. As long as the party can prove that the loss of the party is caused by the reasons (fault liability) of the upstairs resident, it can claim compensation from it; 2. If the two parties cannot reach an agreement on the amount of compensation through negotiation, it shall be handled with reference to the civil dispute.

Legal basis: Article 1184 of the Civil Code Where the property of others is infringed, the property loss shall be calculated according to the market or other methods at the time of the loss.

Legal analysis: According to the relevant laws and regulations of our country, the compensation standard for upstairs water leakage: if the property of others is infringed, the property loss of others shall be compensated according to the decoration of the downstairs caused by water leakage and the damage caused by water leakage of various household appliances and furniture according to the market.

Please refer to the actual amount of compensation for the specific amount of compensation.

Legal basis: Article 179 of the Civil Code of the People's Republic of China provides that the main ways to bear civil liability are: (1) stopping the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of 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, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

The compensation standard for water leakage upstairs is as follows:

1. If the water leakage of the house is caused by the quality of the house itself, and the house is still within the warranty period, the developer will be liable;

2. If the house leakage is caused by the misconduct of the adjacent residents (such as: improper water use, remodeling of pipes, improper decoration, etc.), the adjacent owners shall be liable;

3. If the house leaks due to disrepair, the infringed party may need to bear the responsibility;

4. If the water leakage of the infringed party's house is caused by public facilities or public pipelines, the developer shall bear the responsibility during the warranty period, and if the warranty period expires, special maintenance funds may be obtained for maintenance;

5. If the cause of the water leakage cannot be determined, you can apply to the court to entrust a special agency to conduct an appraisal.

Clarify the scope of compensation:

2. The compensation includes not only the maintenance cost of the house itself, but also other losses caused by water leakage in the house.

The main ways to bear civil liability are:

1. Cease the infringement;

2. Eliminate obstacles;

3. Eliminate dangers;

4. Return of property;

5. Restitution to the original state;

6. Repair, redo and replace;

7. Continue to perform;

8. Compensation for losses.

To sum up, the problem of determining losses is often encountered when dealing with disputes over adjacent damages. For some items that are obviously of little value, but are indeed damaged, the litigation cost of valuing the value may be much greater than the cost of the loss of the item. There are also some items that are not willing to be identified and assessed by professional institutions as to whether the damage is caused in the infringement, which makes it difficult to ascertain these facts.

It would be unfair to simply dismiss the loss on the basis that the parties concerned did not provide the basis for the loss. On the premise of confirming the scope of compensation, the specific amount of losses shall be determined as appropriate, taking into account the judge's life experience and existing relevant evidence, and fully considering the principle of fairness and reasonableness. After discovering a water leak, the injured party should first protect the scene and fix the evidence.

If you can do it on the spot, it is the best, and then you can shoot**, etc. Secondly, for the scope of loss, it is recommended to invite enterprises with assessment qualifications, such as ** certification center, to conduct on-site assessment. After the above formalities are completed, it is appropriate to file a lawsuit with the court.

Legal basis]:

Article 1184 of the Civil Code of the People's Republic of China.

If the property of others is infringed, the property loss or inclusion shall be calculated in accordance with the market or other reasonable methods at the time of the loss.