The new car was smashed like this... A woman in Shanghai was anxious: Who will pay for it?
2024-08-07
한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina
recently
Ms. Zhang, who lives on Luoyang Road in Minhang District, asked for help:
At the end of last month, she went out to visit relatives
In the morning, I bought my new car
Parked in the "Lotus Garden" community on Luoyang Road
But when you are about to leave in the afternoon
I received a call from security saying
My new car
A pot of cactus fell from upstairs
Smashed badly
The entire windshield was shattered and the hood was damaged.
Due to the limited monitoring range of the surrounding
It is difficult to identify the community property for a while
What is this cactus?
It fell from the house of the owner upstairs...
If your new car gets smashed, can you just consider yourself unlucky?
Without any choice
Ms. Zhang seeks help from Fang Kee
Public video footage from July 24 showed that Ms. Zhang's new car was parked under Building 10 in the Lotus Garden community.At about 2 p.m., a large cactus pot fell from the building and hit the front windshield of the vehicle.。
Owner Ms. Zhang:
The feedback I received from the police was that the residents on the 2nd to 5th floors did not grow cacti.It can only be found on floors 6 and above. There are no residents on the 7th floor, so the only possible location is the 6th floor.
Fang Ji noticed at the scene thatIn Building 10, only rooms 601 and 602 had flower pots outside their windows, and they were directly above the smashed vehicle.Among the flowers planted in Room 601, cacti are the majority. For this reason, the police also visited and investigated the residents of this household.
Owner Ms. Zhang:
The police went to question her, but she still hasn't admitted it.She said she couldn't remember what she had planted, what species it was, whether it was a cactus, how could she not remember what she had planted?The police's answer now is You can sue this building.。
The police said that the car owner, Ms. Zhang, could sue the building and find out who the flowerpot belongs to.However, if we take the litigation route, the time cost is too high, and everyone hopes to determine the responsible party as soon as possible.。
So
This pot of cactus "falls from the sky"
Is it Building 10?
What about the ones planted by the owner of Room 601?
↓↓↓
Fangji knocked on the door of the resident's house, but the other party clearly stated thatThere was indeed a tray on her flower stand to hold the flower pots, but the flowers and pots that fell were not hers.。
Fangji: Is this flower pot from your home?
Owner of Room 601: It’s not ours. Let me tell you, we thought it fell from our house because the security guard came up and said there was an empty plate in our house.
During the interview, Fang Ji also noted thatThe place where Ms. Zhang parked her car that day was right at the gate of the residential property, and there was a no-parking sign faintly visible on the ground.。
Since parking is prohibited here, why does the car owner park his car here? Is he also responsible?
Owner Ms. Zhang:
That morning, I drove to this community at about 9 o'clock and parked at this location. The security guard asked me to park here, but I said I would park next to it. He said it was okay, just park here, which caused the flower pot to fall and hit my car.
During the interview, staff from the local Meilong Town Housing Management Office also arrived and analyzed the situation on the spot.The day was just around the corner with the approach of Typhoon Gemi, and the strong winds and heavy rains in the outer area may be one of the reasons for the fall. We will guide the property management to increase publicity efforts in the future, hoping that the owners can move the flower pots into the house by themselves., to avoid the recurrence of high-fall hazards.
Zhou Qinghua, a specialist in the Housing Management Office of Meilong Town, Minhang District:
Later on, we will also carry out three-way coordination, including the housing management office and the neighborhood committee, and coordinate again.
Although the community property's attitude towards the follow-up handling of this matter was relatively positive and clear, the party responsible for the falling flower pot should be the owner of the building where the flower pot is located, rather than the single community management party.
According to Article 1254 of the Civil Code, if it is difficult to identify the specific infringer after investigation, the infringer shall be liable for the infringement unless he can prove that he is not the infringer.The loss caused by the fall will be compensated by the user of the building that may cause harm.That is to sayIf the owner of the dropped flowerpot cannot be found, it is very likely that the 12 owners on the 10th floor of the community will have to jointly bear the compensation for Ms. Zhang's vehicle damage.。
Indeed, the public safety of the community
Rely on human defense and technical defense
But actually
There will be times when you can't prevent it.
Hope this happens
It can enable residents and property owners
While learning lessons
Also looking forward to the local faction
Find out the truth as soon as possible
Kankan News Reporter: Ma Yuelong
Editor: Xu Lulu Wang Yan
Video Editor: Xia Qiuyang (Intern)
Videographer: Chen Wei
Editor: Jin Yingying
