The sewage on the first floor is backwatering, and we want the upstairs residents to lose money? 20

The sewer was blocked, and the sewage backflow caused damage to the house on the first floor, and the owner sued all the residents upstairs, and the court ordered each household to pay 4,000 yuan in compensation.

The newly renovated house had not been lived in for a day, and when I returned home half a month away, the new home was soaked in fecal water because the sewer pipe was blocked and the sewage was backfilled. Looking at the messy home, Wu, who lived on the first floor, sued all the residents above the second floor of the building.

Wu is the owner of the first floor of a community in Baishahe District, Panlong District, Kunming City, after the house was renovated, Wu did not live, but raised flowers on the basement floor, and came to the house every half a month to water the flowers. On December 24, 2019, when Wu and his family came to their new home again, they found that all the rooms in the home had been soaked in fecal water sprayed from the bathroom for many days, and the floor, furniture, walls, and ceilings on the first floor and the basement floor were seriously damaged. After the property company personnel arrived at the scene, they dredged the pipes, and took out rags, paper towels, dried lemons, dried mangoes and other foaming materials from the sewer during dredging.

The personnel of the property management company immediately posted an announcement, hoping that the owners above the second floor could negotiate in time to compensate for Wu's property losses, but the owners of the upper floors ignored them.

Wu believes that the garbage that caused the blockage may have been caused by any household upstairs, and he should bear the liability for damages. Wu asked a third-party decoration company to conduct on-site investigation and estimate the damage repair, and the total loss was 10,000 yuan. Subsequently, Wu sued the five households upstairs to the Panlong District People's Court, requesting the court to order the five households to jointly compensate 10,000 yuan.

At the same time, Wu applied for judicial appraisal, and the court entrusted Kunming Mingjiexin Real Estate Land Appraisal Consulting **** to evaluate the cost of demolition and redecoration of the damaged part of the house involved in the case, with an appraisal of 191364 yuan.

The five households said that there was no infringement, did not agree with Wu's litigation request, and hoped that the court would send experts to investigate and collect evidence. At the same time, five households suspected that the blockage was abandoned in the renovation process and remained in the main pipeline for a long time, which led to a decrease in the overflow area of the main pipeline over time, and finally broke out on a certain day. Therefore, the process of unclogging the pipes and the foreign objects removed from the pipes are the key to solving the mystery of the case.

However, when dredging the pipes, the property management did not leave relevant ** and videos, so the property has an unshirkable main responsibility.

At the same time, the five households felt that the scope of damage in the assessment report was inconsistent with the actual situation, and there was a significant expansion.

Trial. Each upstairs household will be compensated 4,000 yuan.

The court held that in this case, the plaintiff's house decoration and some furniture were damaged due to the blockage of the sewage pipe on the first floor of the plaintiff's house, which caused the sewage to overflow from the toilet on the first floor of the plaintiff's house, and the cause of this consequence was the blockage of the sewage pipe jointly used by the plaintiff and the five defendants, but the specific blockage caused by the discarding of paper towels, rags, dried lemons, dried mangoes and other sundries by which households or households discarded the blockage, or whether it was caused by other reasons, according to the available evidence, the court could not determine, but the plaintiff and the five defendants who jointly used the sewage pipe were all possible. Therefore, this case is a property damage caused by a joint dangerous act, and the principle of presumption of fault should be applied, and the plaintiff and the five defendants should bear corresponding civil liability if they cannot provide evidence to prove that they did not commit the tortious act.

Upstairs leaks and downstairs can claim compensation. Downstairs should entrust a professional appraisal agency to make an appraisal, and if it is determined that it is not a housing quality problem, it can claim compensation from the upstairs owner with the appraisal report issued by the housing quality inspection department.

Legal basis: Article 237 of the Civil Code.

Where damage to immovable or movable property is caused, the right holder may request repair, rework, replacement or restoration to its original state in accordance with law.

Article 238.

Where a real right is infringed and damage is caused to the right holder, the right holder may request compensation for damages in accordance with law, and may also request to bear other civil liabilities in accordance with law.

Article 296.

Where the owner of immovable property rights uses adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property rights holders.

Article 1187.

After the damage has occurred, the parties may negotiate the payment method 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.

Neither the residents nor the property company on the first floor have the right to cut off water and electricity to other users, this is an illegal act, you can call the police to solve it, this is the fastest way to reverse the water depends on the main pipe or what is the cause, you need to know who is responsible for the accident, and then they both solve it. But no one has the right to stop the water.

This is definitely not right, you are upstairs and upstairs, you can't compensate your family, you can negotiate with the property and the owner downstairs to solve this matter.

For this problem you said, I think it is right to complain to you, first of all, the water is colored, blocked, you should find it and deal with it in time, instead of looking at it, when you find a water leak, you should deal with it in time after chasing the water, instead of looking at not dealing with it, and continue to release the water The problem must be caused by you, you say you don't sue you, right?

Legal analysis: whether the whole building needs to be compensated, mainly depends on whether the residents of the whole building are at fault for the anti-water on the second floor, if there is a fault, then it needs to be compensated, if the reason for the anti-water on the second floor is that there is a problem with the pipeline design, then the responsibility should be borne by the property company.

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

Article 295:The owner of immovable property rights shall not endanger the safety of adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.

Article 296:Where movable property rights holders use adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., they shall try their best to avoid causing damage to the adjacent immovable property rights holders.

Summary. This depends on whether the whole building is the reason or the property reason, whether the whole building needs to be compensated, mainly depends on whether the residents of the whole building are at fault for the anti-water on the 1st floor, such as littering things to cause the anti-water on the first floor, if there is a fault, it needs to be compensated, if the reason for the anti-water on the 1st floor is that there is a problem with the pipeline design, then the responsibility should be borne by the property company.

The sewer on the first floor is backwater, can I ask for property compensation?

This Han Xinshan looks at whether it is the cause of the whole building or the reason of the property, whether the whole building needs to be compensated, mainly depends on whether the residents of the whole building are at fault for the anti-water on the first floor, such as littering things to cause the anti-water on the first floor, if there is a fault, it needs to be compensated, if the cause of the anti-water on the 1st floor is that there is a problem with the pipeline design, then the responsibility should be borne by the property company.

If it is because of the pipe well of the property, the pipe is broken, it is also the responsibility of the property.

Is it possible to claim compensation?

Definitely.

Do the math how much it will cost you to renovate your home

The sewer on the first floor is prone to the problem of backwater, which is why many people are reluctant to buy the first floor. If there is a backlash, who should I turn to? 1st floor sewer, how to treat the smell?

1. Who is responsible for the backwater of the sewer on the first floor?

1. If you live on the 1st floor, the sewer pipe is slammed and there is a problem of backwater, mainly because the main outdoor pipe is blocked. Because the main pipeline belongs to the public facilities of the community, the property management company should bear the responsibility for maintenance and management, and the losses caused by the owner's home should also be borne.

2. If the first floor is damaged due to the unauthorized modification of the sewer pipe by one's own family or other neighbors, and the problem of water reversal occurs, the person or other owners should be responsible for the main damage to the Bureau.

Second, the reason for the backwater in the sewer.

The sewers of the building are prone to backwater, which is directly related to many problems. For example, if the pipeline is blocked, it will lead to the aggravation of the problem of backwater, especially in the rainy season, which may not be avoidable.

2. It also has a lot to do with the material of the pipe, and the sewer pipe in some communities is a cast iron pipe, which is easy to rust, so it will lead to the breeding of dirt inside, and gradually it will affect the inner diameter of the pipe to shrink, and finally it will be blocked, which will lead to the backwater of the sewer on the first floor.

3. Another reason is that in high-rise residences, when the sewer is drained, it will enter the drainage pipe first, then enter the horizontal pipe, and finally enter the shaft. However, if there is a congestion of the water flow, it will not be able to drain the water in time, which will lead to backwater on the first floor.

3. What should I do if the sewer on the first floor is backwater?

If there is a problem with backwater, it basically means that our drainage pipes have been blocked, so we need to dredge them as soon as possible. You can use a dredging machine to dredge the pipe, if the pipe blockage is more serious, it is best to ask a professional worker to come to repair and deal with it. It is necessary to replace the water pipe, and it is best to choose a water pipe with good corrosion resistance and pressure resistance.

Summary: If your family lives on the 1st floor, you must pay attention to unclogging the pipes in time during the rainy season, and you should also pay attention to them at ordinary times, and do not change the pipes at will. If something goes wrong, you can ask a property management company to help deal with it.

Enter the area and get the decoration for free**].

The second floor is soaked in the first floor, and the entire floor is liable for compensation.

According to Article 219 of the General Principles of the Civil Law of the People's Republic of China, when a person causes damage to others due to his or her actions, he shall be liable for compensation. Therefore, if the second floor floods the first floor, then the second floor is liable for compensation, and the entire floor is also liable for compensation. This is because, according to the law, when a person's actions cause harm to others, that person should be held liable, regardless of whether his actions were negligent or not.

In addition, according to Article 219 of the General Principles of the Civil Law of the People's Republic of China, when a person causes damage to others due to his or her actions, he shall be liable for compensation. Therefore, even if the first floor is cracked because of the backwater on the second floor, the entire floor is liable to compensate because they also have the responsibility to prevent this behavior from happening. Therefore, it can be concluded that if the second floor is flooded and the first floor is soaked, then the second floor is liable for compensation, and the entire floor is also liable for compensation.

The first and second floors are anti-water lawsuits for the whole building

1. If the second floor sues the whole building for anti-water, it is necessary to decide whether to bear the liability for compensation according to the cause of the anti-water, if there is fault for causing the anti-water, the residents of the whole building shall bear joint and several liability for compensation, unless it is proved that they are not at fault, if it is caused by the plaintiff's own reasons, it is not necessary to compensate, if it is caused by the construction reasons, the construction unit shall bear the liability for compensation, and any party shall bear the burden of proof for its own claims.

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

Article 233: Where real rights are infringed, the right holder may resolve the matter through conciliation, mediation, arbitration, litigation, or other means.

Article 295:The owner of immovable property rights shall not endanger the safety of adjacent immovable property by excavating ten lands, constructing buildings, laying pipelines, installing equipment, etc.

Article 296:Where the owner of the immovable property uses the adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property owner.

Article 1165: Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, 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.

Second, who will pay for the fire upstairs and the flooding downstairs

If it is a human reason, then you can claim compensation from the other party, take the invoice or repair fee receipt of the damaged household appliance to find the other party, and not go to the court to sue. The person responsible for the fire is responsible, the upstairs is responsible for compensation, and the upstairs is not responsible but the person responsible cannot be found, then the upstairs as a beneficiary must also be appropriately compensated. Sue first, and apply for enforcement after the judgment takes effect.

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