Say "Classic" by Case | If upstairs leaks and downstairs suffers, compensation should be made

By Qiao Yi

　　 Case

Wang and Yu are the upstairs and downstairs neighbors of a community in Karamay District, Karamay City. During the period from April to September 2022, the toilet of Wang's house leaked for many times, resulting in wear and tear on the edge of some gusset plates in a toilet, material changes, cracks on the upper left corner of the toilet door frame and other damage to the house. After no agreement between the two parties, Yu sued Wang to the court and asked Wang to compensate for the loss.

　 Article

The first paragraph of Article 1165 of the Civil Code of the People's Republic of China stipulates that if an actor infringes upon the civil rights and interests of others due to his fault and causes damage, he shall bear tort liability.

　　 Interpretation

"The upstairs and downstairs neighbors have conflicts due to water leakage, noise and other factors, which need to be handled in a rational way and protected their rights according to law." Li Ping, President of the First Civil Trial Division of Karamay Intermediate People's Court, said that disputes caused by water leakage in houses are more common in daily life. When the residents downstairs find water leakage, they should first protect the scene and fix the evidence, such as taking photos, video recording and other evidence collection; Secondly, negotiate with the property or community staff of the community to contact the neighbors upstairs for consultation and repair, or sign a settlement agreement under the witness of the property (community); Finally, if both parties fail to reach an agreement, both parties should take effective measures to prevent the damage from further expanding, and then file a lawsuit to the court.

Li Ping introduced that in this neighborhood dispute, there was a causal relationship between the toilet of a house being soaked in water and the water leakage of Wang's house. Wang should be liable for the property damage caused by Wang. The fact that a toilet facility was damaged by water immersion was true. In combination with the appraisal opinion, loss situation, service life of articles and other factors, Mr. Wang decided to compensate Mr. Yu 2200 yuan.

Li Ping appeals that distant relatives are not as good as close neighbors in life, and neighboring obligees of real estate should correctly handle neighborhood disputes according to the principles of facilitating production, facilitating life, solidarity and mutual assistance, fairness and rationality.

(organized by Yang Shuhan, reporter of Tianshan.com Xinjiang Daily)