The house fire harms innocent people, so compensate according to law
2022-11-15
In autumn and winter, no matter in the dry and dry north or in the cold and humid south, the residents' use of fire, gas and electricity has increased significantly, posing specific challenges to the fire safety of residential buildings. The key period for fire prevention and control is the period of high fire incidence and frequent occurrence. The fire hazard of residential buildings is very wide. The People's Court of Jiangbei District, Chongqing City, made a prompt on several cases involving residential fire disputes heard by the Court. The owner of the fire caused by the charging of the battery car upstairs compensated his neighbor for the loss. Zhou and Yang were married and lived in a 29 storey house in a community in Jiangbei District. In April 2020, Mr. Zhou bought a battery car for walking, which was usually parked in the hall of the building. When there was no electricity, he pushed the car home for charging. On July 17, 2021, when using the battery car, Zhou found that the car was out of power, so he pushed the battery car home. The car was not charged that day. At about 11:00 p.m. on July 19, Zhou pushed the battery car to the balcony to charge, and then returned to the bedroom to sleep. At about 4:00 a.m. on July 20, Zhou and Yang woke up from the fire in their sleep. When they found the fire, they woke up their families and went downstairs to escape. Yang called 119 when they went downstairs. Chongqing 119 Command Center immediately sent fire rescue personnel to extinguish the fire after receiving the alarm. According to the investigation, the cause of the fire was the electric circuit failure of the battery car, which ignited the surrounding combustibles and caused the fire. The area of the fire was about 80 square meters, resulting in the burning of the house decoration, indoor furniture and household appliances, as well as the decoration and articles of the 29th floor and other parts of the buildings upstairs. The direct property loss totaled more than 97200 yuan. Zou and Guo are the owners who live on the 31st floor. Their houses are within the scope of damage caused by the fire, including broken windows, blackened walls, fallen curtains, damaged air-conditioners and burned plants on the balcony. After assessment, the net value of the property loss assessment of the house is 5810 yuan. On September 16, 2021, Mr. Zou and Mr. Guo filed a lawsuit to the court, asking Mr. Zhou and Mr. Yang to compensate for the economic losses caused by the fire. After hearing, the Jiangbei District Court held that if the actor infringed upon the civil rights and interests of others due to his fault and caused damage, he should bear tort liability. In this case, Mr. Zhou pushed the battery car home to charge in violation of regulations, and the battery car had electrical circuit failure, which caused a fire and caused losses to others, so he should bear the liability for damages. However, Yang, as Zhou's husband, did not stop Zhou from pushing the battery car home to recharge, which led to the fire. His behavior was also wrong, and he should bear joint and several liability with Zhou. Therefore, Zhou and Yang were jointly and severally awarded 5810 yuan for the property loss of Zou and Guo. On November 19, 2019, the landlord's claim for compensation for the improper use of heating equipment by the tenant was supported. On November 19, 2019, Mr. Liu signed a housing lease contract with Mr. Zhang, stipulating that Mr. Liu would lease his house in a residential building on Fulai Road, Jiangbei District to Mr. Zhang for use. The lease period was from November 20, 2019 to November 19, 2020, with a rent of 1600 yuan per month. At about 1:00 a.m. on March 4, 2020, Mr. Zhang watched TV on the sofa in the living room and put the electric heater beside the sofa for heating. Before long, Mr. Zhang was
Edit：sishi Responsible editor：xingyong
Source：http://rmfyb.chinacourt.org/paper/html/
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
