If a car is flooded in a parking lot, can the owner claim compensation?
Compiled from: CCTV Today's Statement
I parked the car in the garage of a relative's residential complex, thinking it would be safe, but unexpectedly there was flooding and the car was damaged. The property management said they have no obligation to compensate. What should I do?
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Case review
On September 12, 2022, Zhang discovered that his car parked in the underground garage of the residential community where his brother lived had been submerged in water, and he subsequently reported it to the police. After responding, the public security authorities stated that the accumulation of water was caused by a malfunction in the garage's water pipe system. After claiming 50,700 yuan from the insurance company with which the vehicle was insured, Zhang transferred the right to seek compensation from the responsible party to the insurance company. Based on this, the insurance company filed a lawsuit with the People's Court of Tongbai County, Nanyang City, Henan Province, requesting the residential community's property management company to pay the 50,700 yuan of vehicle damage that it had advanced.
The property management company argued that Zhang is not a resident of the community, and his vehicle was parked without paying management fees to the property company, so the property company has no obligation to provide vehicle safety management services for him. In addition, the property company has fulfilled its work responsibilities in daily management, and the water accumulation in the garage is purely accidental, so it should not bear compensation liability.
[1] Court Opinion
After trial, the People's Court of Tongbai County, Nanyang City, Henan Province held that in this case, Zhang's vehicle entered the community with permission from the property management company and was damaged by water flooding in the underground garage. According to the investigation by the public security authorities, the damage was caused by leaks due to the poor maintenance of the garage's water pipe system. The property management company has the normal maintenance responsibility for the garage's water pipe system, and in the absence of evidence proving that it was not at fault, it should bear tort liability.
After the insurance company compensated Zhang's vehicle loss, it immediately had the right of subrogation. The court legally ruled that the property management company pay the insurance company an advance payment of 50,700 yuan, and both parties accepted the judgment without appeal.
Civil Code of the People's Republic of China
Article 942
Property service providers shall, in accordance with the agreement and the nature of the property's use, properly maintain, care for, clean, landscape, and manage the shared parts of the property within the property service area, maintain the basic order within the property service area, and take reasonable measures to protect the personal and property safety of the owners.
For behaviors within the property service area that violate relevant laws and regulations on public security, environmental protection, fire prevention, etc., the property service provider shall promptly take reasonable measures to stop them, report to the relevant administrative authorities, and assist in handling.
[1] The author's perspective
From the relevant provisions of the Civil Code mentioned above, it can be seen that the property management company should properly maintain, care for, clean, green, and manage the common areas within the property service area, and fulfill its management responsibilities. If, within the scope of its management, damage is caused to others due to the company's failure to fulfill its management duties, even if the person suffering the damage is not a resident of the community, the property management company should still bear tort liability for the damage caused. This constitutes the management responsibilities of the property management company.
On September 12, 2022, Zhang discovered that his car parked in the underground garage of the residential community where his brother lived had been submerged in water, and he subsequently reported it to the police. After responding, the public security authorities stated that the accumulation of water was caused by a malfunction in the garage's water pipe system. After claiming 50,700 yuan from the insurance company with which the vehicle was insured, Zhang transferred the right to seek compensation from the responsible party to the insurance company. Based on this, the insurance company filed a lawsuit with the People's Court of Tongbai County, Nanyang City, Henan Province, requesting the residential community's property management company to pay the 50,700 yuan of vehicle damage that it had advanced.
The property management company argued that Zhang is not a resident of the community, and his vehicle was parked without paying management fees to the property company, so the property company has no obligation to provide vehicle safety management services for him. In addition, the property company has fulfilled its work responsibilities in daily management, and the water accumulation in the garage is purely accidental, so it should not bear compensation liability.
[1] Court Opinion
After trial, the People's Court of Tongbai County, Nanyang City, Henan Province held that in this case, Zhang's vehicle entered the community with permission from the property management company and was damaged by water flooding in the underground garage. According to the investigation by the public security authorities, the damage was caused by leaks due to the poor maintenance of the garage's water pipe system. The property management company has the normal maintenance responsibility for the garage's water pipe system, and in the absence of evidence proving that it was not at fault, it should bear tort liability.
After the insurance company compensated Zhang's vehicle loss, it immediately had the right of subrogation. The court legally ruled that the property management company pay the insurance company an advance payment of 50,700 yuan, and both parties accepted the judgment without appeal.
Civil Code of the People's Republic of China
Article 942
Property service providers shall, in accordance with the agreement and the nature of the property's use, properly maintain, care for, clean, landscape, and manage the shared parts of the property within the property service area, maintain the basic order within the property service area, and take reasonable measures to protect the personal and property safety of the owners.
For behaviors within the property service area that violate relevant laws and regulations on public security, environmental protection, fire prevention, etc., the property service provider shall promptly take reasonable measures to stop them, report to the relevant administrative authorities, and assist in handling.
[1] The author's perspective
From the relevant provisions of the Civil Code mentioned above, it can be seen that the property management company should properly maintain, care for, clean, green, and manage the common areas within the property service area, and fulfill its management responsibilities. If, within the scope of its management, damage is caused to others due to the company's failure to fulfill its management duties, even if the person suffering the damage is not a resident of the community, the property management company should still bear tort liability for the damage caused. This constitutes the management responsibilities of the property management company.
