How to identify the damage caused by water leakage downstairs

Legal analysis: the party damaged by water leakage should first ask the housing quality inspection department to make an appraisal report on the cause of water leakage in the house and how to make up for the leakage; After identification, if it is the cause of the adjacent party, the adjacent party may be required to repair it immediately or in a timely manner on the basis of the report, and may request compensation from the adjacent party for the damage caused during the repair period. If the adjacent party does not cooperate, the injured party can take the dispute to court.

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

Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

Article 289:Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

Article 290:Owners of immovable property rights shall provide necessary facilities for the use of water and drainage by adjacent rights holders.

The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the immovable property. The discharge of natural flowing water shall respect the natural flow direction.

Article 291:Where the owner of immovable property rights has to use the land of the adjacent rights holders for the purpose of passage, etc., they shall provide necessary facilitation.

Article 292:Where the owner of immovable property rights must use adjacent land or buildings for the purpose of constructing or repairing buildings, laying wires, cables, water pipes, heating and gas pipelines, etc., the rights holder of the land or buildings shall provide necessary convenience.

Article 293: The construction of buildings shall not violate the relevant national construction standards, and shall not obstruct the ventilation, lighting and sunlight of adjacent buildings.

Article 294: Holders of immovable property rights must not dispose of solid wastes in violation of state regulations, or discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, optical radiation, and electromagnetic radiation.

Article 295: Owners 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 the owner of immovable property rights uses adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing harm to the adjacent immovable property rights holders.

For the identification of the responsibility for the loss caused by the water leakage upstairs to the downstairs, the following factors generally need to be considered:

Water Leak Confirmation : Determine if the water leak is caused by a problem with the upstairs unit or other factors. This may require surveys and surveys to determine the cause of the leak and the location of the leak point.

Building Structural and Piping System Inspection: Evaluate the structure and piping system of the building itself to check for design, construction, or maintenance issues. This may require testing and analysis by a specialist building engineer or water specialist.

Evidence Collection: Collect evidence related to the water leak, including **, repair records, reports, relevant contracts, and correspondence records. This evidence can be used to support the causal relationship of the damage to the downstairs unit and the attribution of responsibility for the water leak.

Witness Testimony: If needed, collect possible witness testimony, especially from neighbors or other witnesses living in the downstairs unit. Their testimony can provide evidence and relevant information about the water leak.

Insurance Claim Procedure: If an insurance company is involved, the claim procedure is carried out in accordance with the requirements of the insurance company in accordance with the terms and conditions of the insurance contract. The insurance company may dispatch an adjuster to conduct an on-site investigation and determine the liability and coverage based on their findings.

When identifying liability, it is usually necessary to consider the above factors comprehensively, and refer to local legal provisions and legal interpretations. The specific liability determination process may vary from country to country, region and legal system. It is recommended that you consult professional legal counsel for accurate guidance on local legal requirements and related procedures.

If you need to evaluate or consult related questions, please nod your head and ask questions.

Legal analysis: The downstairs owner can sue the upstairs owner for damages, but first need to find out the water leakage and then make a judgment, and sue for compensation according to the cause of the water leakage and the loss. Once there is a water leak upstairs, the first thing to do is to clarify the status.

In order to find out the situation, the damaged owner can ask the property quality inspection department to identify the cause of the water leak and how to repair it. And it depends on whether the house is still within the warranty period, because generally the water quality warranty for new buyers is 5 years, and the pipeline warranty is 2 years.

Legal basis: 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 responsible person does not perform the maintenance obligation, with the consent of the owners' general meeting, it can be repaired and maintained by the property service enterprise, and the cost shall be borne by the responsible person.

Legal analysis: 1. The cause of water leakage is not confirmed to be caused by it, and the house is still within the warranty period (generally 1-3 years), so find the developer for repair in time. If the developer does not cooperate or repairs twice and still does not solve the water leakage problem, the owner can find someone to repair it himself, and the cost incurred shall be borne by the developer, and if the developer refuses to bear it, he can complain to the local quality inspection department or sue in court.

However, if the quality of the house is lost due to improper use or alteration of the structure by the residents, the developer does not assume the warranty liability.

2. During the general house decoration, it is easy to produce water leakage problems, and the property company has the responsibility of supervising and managing the decoration. As long as the property management company fulfills its duty of supervision, it is not liable.

3. If the upstairs owner rents the house to the tenant for use and causes losses to the downstairs owner, the owner of the house needs to bear the liability for compensation, but after assuming the liability for compensation, he can recover from the tenant.

Legal basis: Article 942 of the Civil Code of the People's Republic of China Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, operate 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.

For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

Legal Analysis: The loss of the upstairs leakage downstairs is calculated as follows:

1. It is possible to claim compensation for actual losses, but compensation for mental losses is unlikely;

2. You can ask for help from the street mediator and report to the street mediator, the mediator is very fair and stands in the middle position;

3. If the mediation is not successful, it is recommended to sue directly, quasi-win, if you are afraid of trouble, the parties can find a legal service office, the cost is much cheaper than finding a lawyer, and the cost performance is also cost-effective.

Legal basis: Article 120 of the Civil Code of the People's Republic of China Where civil rights and interests are infringed, the infringed party has the right to request that the infringer bear tort liability. Article 238:Where property rights are infringed upon, causing harm to the rights holder, the rights holder may request compensation for damages in accordance with law, and may also request that other civil liabilities be borne in accordance with law.