Who is responsible for the electrocution of the tenant in the water in the rental house

You didn't make the cause of death clear.

There are many reasons for water ingress in the house, such as not closing the windows during heavy rain, flooding into the house due to heavy rain, leakage or water seepage in the house, etc.; Similarly, there are many causes of electric shock. Depending on the specific situation, the nature of the electrocution death and the person responsible for it are completely different.

Therefore, determining the person responsible for the accident is very serious and requires a very objective assessment, so how can we draw conclusions based on such a few words as asking questions?

I'm very concerned that if the questioner encounters this problem and comes to understand it, if the person answering the question is simply suggesting because of the misleading nature of his own question, it may be a great distraction to the actual aftermath work.

For the rental business of rental housing, the landlord and tenant shall go through the relevant filing procedures. If the rented house is dangerous or hidden, the owner is not allowed to rent it, but rents it privately, and in the event of injury or death, the owner is responsible.

If there is water in the rental house and the landlord is at fault for the electrocution of the tenant, the landlord needs to bear the tort liability within the scope of the fault.

Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

A tenant in Zhengzhou was electrocuted while taking a shower, and the landlord was sentenced to pay 430,000 yuan, and the landlord should define the maintenance obligation of water and electricity, and regularly test the water and electricity in the rental house.

The news that the tenant in Zhengzhou was electrocuted in a shower and the landlord was sentenced to 430,000 yuan has been on the hot search, and many people feel that the landlord is very pitiful, but this kind of worry does not have to exist, because the landlord must bear the corresponding responsibility, and the landlord does bear the responsibility for fault. What's even more pitiful is Zhao, who was electrocuted to death because of a leaky water heater, and it is no wonder why Zhao's family sued the landlord. To get back to the point, the landlord should be more cautious when renting, not only must overhaul the water and electricity in advance, but also must agree on the relevant regulations on the maintenance of indoor electrical appliances, otherwise it will be a big deal if something happens.

A tenant in Zhengzhou was electrocuted while taking a bath, and the landlord was sentenced to pay 430,000 yuan

The Zhengzhou tenant was electrocuted while taking a bath and was sued by his family to the court, and the landlord finally awarded 430,000 yuan in compensation. The tenant, Zhao, was a tenant of a rental house in Zhengzhou, and a few days before the accident, a person who shared the house told him that the water heater was leaking, and Zhao also made it clear that he would not use the water heater again, but Zhao used the water heater himself a few days later, and finally died of electrocution. According to the general rules, the landlord needs to regularly check the water and electricity facilities in the rental house to maintain their safety, but the landlord does not do this work, so the landlord is at fault for the leakage of the water heater in the rental house.

Because Zhao is an adult, and Zhao knew that the water heater was leaking, he did not tell the landlord to repair it, and then used the water heater to take a bath without authorization a few days later, Zhao was also at fault. According to the court's judgment, in the end, both parties should bear 50% of the responsibility, so the landlord was awarded 430,000 yuan. <>

Here's how the landlord should avoid risk when renting a property: regularly inspect the water and electricity facilities of the rental house

When renting out the house, the landlord must draw up a clause on the regular maintenance of the water and electricity facilities of the rental house, and it is important to agree on when to repair and overhaul it. After signing the contract, we can regularly repair the water and electricity facilities of the rental house according to the contract, as long as we follow the regulations, then this clause can often prove that we are not at fault, and naturally we will not be liable for the tenant's mistakes. <>

When the landlord is renting a house, he must first check the safety of the room circuit with the tenant, replace the new electrical equipment, and then sign a rental contract, in which the various matters of renting and the relevant handling methods of accidents must be written, and the rental house is filed with the police station in accordance with the law, so that even if the problem occurs, the risk of the landlord can be reduced to the greatest extent.

For those water heaters that have been used for a long time, then I think it is necessary to replace them with new ones, because if you use them for a long time, there will be a risk of leakage.

When renting a property, the landlord should draw up a relevant contract with the tenant, and the landlord has nothing to do with accidents caused by improper use of electrical appliances.

Legal analysis: If the electric shock of the water heater of the tenant of the rental house is caused by the fault of the landlord, the landlord shall be liable for compensation, and the exemption contract can exempt the landlord from the obligations that the landlord should bear. The lessor has the obligation to ensure the personal safety of the tenant, and shall bear the corresponding responsibility after the occurrence of an electric shock accident.

However, if you are electrocuted due to your own misconduct, then the landlord is not considered to be in the law.

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

Article 1174:Where the harm is intentionally caused by the victim, the perpetrator is not liable.

Article 1175:Where the harm is caused by a third party, the third party shall bear tort liability.

Article 1183:Where the personal rights and interests of natural persons are infringed upon and serious mental harm is caused, the infringed person has the right to request compensation for mental damages. Where serious mental harm is caused by intentional or gross negligence infringement of a natural person's specific object of personal significance, the infringed party has the right to request compensation for moral damages.

If the tenant dies unexpectedly in the rental house, it is an accidental death related to the potential safety hazards of the rental house, and the landlord needs to bear certain legal responsibilities. If it has nothing to do with the rental house itself, it is not legally liable. In this case, you can choose to call the police and the cause of death of the deceased will be determined by **.

Determine whether it was an accident or an accident to determine whether the landlord is legally liable.

Is the landlord liable for an accident in the rental property?

If an accident occurs in the rental house and the injury is caused by personal reasons, the tenant or the party causing the injury shall be liable, and the landlord shall be liable for the accidental injury of the tenant due to the problem of the house itself or the landlord's management of the property.

If a tenant is injured in an accident during the tenancy period, the landlord will be held liable as follows:

1) The landlord is equipped with housing equipment that is not in use or is damaged during normal use, resulting in injury to the tenant;

2) Injuries to tenants caused by falling ceilings or other circumstances due to the aging of the house or other reasons;

3) Failure to explain to the tenant for reasons such as housing design, and accidents such as electric shock, fire, and gas poisoning occur when the tenant uses electrical appliances or other equipment;

4) Injuries caused by exceeding the scope of use of the leased property as agreed in the contract.

Things to keep in mind when signing a lease contract.

1) When signing the contract, the purpose of the house, the precautions for living, and the potential problems of the house shall be indicated.

2) Agree on the division of responsibility in the event of an accident that may occur.

3) In the matter of maintenance, if there is no agreement, the lessor shall perform the maintenance obligation, and if otherwise agreed, the lessee has the right to require the lessor to maintain the maintenance obligation within a reasonable period of time.

4) The tenant shall take care of the housing and various facilities, and shall not demolish, alter, expand or add without authorization; If changes are required, the lessor shall be consulted.

Legal basis

Civil Code of the People's Republic of China

Article 469.1 The parties to a contract may conclude a contract in writing, in the form of a header or in other forms. Xiang rang.

Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals, or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

Knowing the existence of hidden dangers, he did not inform the landlord to carry out repairs, nor did he carry out repairs himself, and Zhao was also at fault for the accident. In the end, the court ruled that both parties should bear 50% responsibility, and the landlord compensated Zhao's family more than 430,000 yuan.

When renting out the house, the landlord must ensure that the house meets the safety technical standards, there can be no potential safety hazards, and the life safety of the tenant is guaranteed during the lease period, and the landlord must compensate the tenant accordingly after the tenant's life is in danger during the lease.

The landlord is responsible for the death of the tenant. Because the lessor should ensure that the premises and facilities provided by it are safe and fit for the specified purpose, and have the obligation to maintain them. Therefore, the landlord is 50% responsible.

It is necessary to bear the main responsibility, and if it is found that there is a hidden danger, the problem is not solved in time, and it is necessary to take responsibility and give some compensation to the other party.