Who "pays" the owner of the windshield to the windshield?

Tiles hit the car, the windshield is smashed through

Text/Picture Yangcheng Evening News All Media Reporter Ma Siyong

"A piece of bricks hit upstairs, and the windshield of the car has an extra pit, and it is difficult to compensate for compensation ..." Recently, the citizen Ms. Mai Mai reported to the Yangcheng Evening News reporter that at 4 pm on September 6th, she was at 4 pm. The sedan parked in the fourth street of Guihuagang District, Yuexiu District, Guangzhou, was smashed by a tile that was dropped by the decorated house upstairs. Afterwards, Ms. Mai claimed 2,500 yuan to the owner of the house. However, Mr. Chen only compensated 1300 yuan, and believed that the drop in tiles was an accident, and the parking lot in the community should also be responsible. Since the incident, the two parties have been negotiated for many times. Who should "pay" for the windshield of the owner? The lawyer said that the liability caused by the decoration personnel shall be liable for compensation by the employer, Mr. Chen, and Mr. Chen can follow the decoration company of the decoration personnel to recover.

Falling bricks at high altitude, one hole in windshield

After receiving a report from Ms. Mai, a reporter from the Yangcheng Evening News, she went to visit No. 6, Guihuagang District, Guihuagang Community, Guifa, Guihuagang District.

Ms. Mai recalled to reporters that the sedan was parked on No. 6 on the fourth street on the afternoon of September 6. When she was working outside, she suddenly received a call from the security guard, saying that the car was smashed. "After arriving at the scene, I looked up to see the house on the 5th floor on the 5th floor of the 4th Street is renovating. The bottom of the window was facing my car. The car's windshield was smashed out of the tiles dropped by the resident. People, otherwise the consequences are unimaginable. "Ms. Mai said.

The reporter found from the photos provided by Ms. Mai that there was a hole in the upper left corner of the windshield of the car, which spread to most of the area of ​​the windshield. The tiles that penetrate the windshield have fallen on the driver's seat. The vehicle steering wheel also has obvious scratches. Ms. Mai presented to reporters a tile that smashed the windshield. It was measured with a tape measure. It was found that the tiles were about 14.5 cm in length and about 5 cm wide.

According to the car repair and settlement form provided by Ms. Mai, the amount of loss of the auto repair store is 4896 yuan, and the total maintenance cost is 5396 yuan.

Ms. Mai said that Mr. Chen, the owner Chen, who was renovating the house on the 5th floor of the fourth street on the day of the incident, came to the scene. Ms. Mai said: "After Mr. Chen appeared, he acknowledged that the tiles were dropped from his home. I claimed to him to repair the amount of windshield of 2,500 yuan, but Mr. Chen believed that the matter was an accident. 1300 yuan. "At the same time, Ms. Mai also questioned, did Mr. Chen report to the neighborhood committee before decorating the house?

2500 yuan compensation amount negotiation is fruitless

On the day of the visit, the reporter came to the Guihuagai Community Residents Committee of Liuhua Street, Yuexiu District, Guangzhou. On the third day of the incident.

The staff of the neighborhood committee told reporters that on September 7, the neighborhood committee contacted Mr. Chen for coordination. The staff said: "The neighborhood committee is willing to provide coordination for the two parties. After the incident, Ms. Mai conveyed to us and asked Mr. Chen to compensate 2,500 yuan, but Mr. Chen was only willing to compensate for 1,300 yuan. 6,000 yuan, carrying debt, and limited economic ability to decorate workers. "

On September 21, the reporter called Mr. Chen, and he believed that it was an accident to fall high -altitude bricks. Mr. Chen said: "At that time, the decoration workers were pasted tiles, and a piece of tiles suddenly fell, and I accidentally hit the car downstairs. I measured that I only needed to compensate 1300 yuan. Mr. Chen believes that the responsibility of the incident should not be completely his own responsibility: "There are unreasonable factors in the division of parking lots in the community, and Miss Mai should also recover the parking lot responsibility."

Regarding the issue of the parking lot, the neighborhood committee told reporters that the parking space at No. 6 on the fourth street was originally managed by Guangdong Yicheng Property Management Co., Ltd., but the company had withdrawn from management last year, and the parking space is now managed by the staff of the original property company. The reporter came to the office of the former Guangdong Yicheng Property Management Co., Ltd. and found that the name of the property company had been replaced with the Guihuaguo Management Center of Jianlong Real Estate Co., Ltd. in Guangdong Province. The capital was canceled in October. At present, Jianlong Real Estate Co., Ltd., Guangdong Province, only manages a small number of properties in the community. The parking lot of No. 6 on the 4th Street does not belong to the current company management. "

For more than half a month of the incident, Ms. Mai and Mr. Chen had no negotiation due to the compensation amount of 2,500 yuan. At present, Ms. Mai has sought to help and entrust insurance companies to recover claims and entrust lawyers to file a civil lawsuit.

Lawyer suggestion

The owners who hire the decoration personnel "pay the order"

The owner can recover from the decoration company in the future

Who will take responsibility for falling tiles and smashing the windshield of the owner? Deng Zhaoyi, a lawyer of Guangdong Yuanhao Law Firm, said that according to Article 254 of the "People's Republic of China": "Throwing items from buildings or falling from buildings to others causes damage to others, which is infringed by infringement. People assume the liability for infringement according to law. "In this incident, Ms. Mai’s car windshield was broken because of tiles, and the loss caused by the infringement of the decoration staff hired by Mr. Chen The infringer is the decoration staff hired by Mr. Chen.

Deng Zhaoyu said that in this incident, the decoration staff was hired by Mr. Chen, the owner, and in accordance with Article 1,91 of the "People's Republic of China" "The staff of the employer caused the damage to others due to the task of performing the task of implementing work, The employer shall bear the infringement liability. After the employer shall bear the infringement liability, the provision of the staff who intentionally or major faults may be recovered. " The liability for compensation for the infringement of the decoration staff shall be borne by the employer, Mr. Chen. After Mr. Chen assumed the liability for Ms. Mai, he could recover the company where the decoration staff was located. After the decoration company assumes the liability of Mr. Chen, it can investigate whether the decoration personnel have intentionally or major negligence when they perform the decoration task. If there is intentional or major negligence, the decoration company can recover to the decoration staff. In addition, Deng Zhaoyi reminded that if similar incidents occur, whether the owner should be parked in violation of the car. According to Article 1,173 of the "People's Republic of China", "If the infringed person has a fault on the occurrence or expansion of the same damage, the responsibility of the infringer can be reduced", if the owner parks the vehicle illegally, the damage will be damaged in violation of the rules, and the damage is damaged. There are also certain errors in the occurrence and expansion, so car owners also need to bear the corresponding responsibilities, and in this case, they can appropriately reduce the liability of the infringer.

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