At present, legal disputes arising from personal injury, theft, robbery, destruction of property, damage to public facilities and improper methods adopted by property management companies basically occur in major residential areas. In most cases, the division of responsibilities is difficult, and the relevant laws have not made clear provisions on it. So how to avoid such disputes? The following measures can be used for reference:
1, the maintenance of order should be carried out in strict accordance with the provisions of the property service contract, which cannot be ignored in any case. An effective and feasible management plan should be formulated to ensure that there are no defects in management as far as possible. Managers should always supervise, not just become a mere formality and lose its substantive significance; Property security obligations focus on a fulfillment process. The security personnel have fulfilled their obligations, but they still can't prevent the damage from happening. The party providing property safety services shall not bear legal responsibility.
2. When signing a property service contract, there should be a clear agreement on the responsibilities of the owner after the personal and property safety occurs;
3. If parking is charged, the lease agreement must indicate whether it is "occupation fee" or "storage fee";
There should not be too many entrances and exits in residential areas. Don't park your car on the fire escape. You must set up an image collector at the entrance and exit of the community or garage to collect the situation of vehicles entering and leaving, so as to prevent damaged vehicles from entering the park.
5. Order maintainer should use patrol system to track patrol route; The patrol must be videotaped (the patrol point should be set within the camera range) so as to provide the owner or the court with evidence of the property company's security work; If the monitoring equipment is found to be out of order, it should be repaired and replaced in time to avoid the situation that it can not provide favorable clues to solve the case, and the property enterprise should also bear corresponding responsibilities; Vehicle order maintenance personnel should wear reflective signs at night to avoid being easily found by drivers at night and causing injuries;
6. In some places prone to liability accidents, the property management company has the obligation to set up warning signs to remind them of safety. According to Article 18 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, operators shall ensure that the goods or services they provide meet the requirements of protecting personal and property safety. A true explanation and clear warning should be given to consumers, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked. " This legal provision is consistent with the provision in Article 125 of General Principles of Civil Law, and both of them contain the legal requirement of "clear warning". For example, when going up and down stairs, pay attention to safety, watch out for steps (corridors), high voltage hazards, electric shock (transformers, wires), no climbing, no climbing (fences), and the ground is slippery. Pay attention to safety (ground), don't touch (wires), keep valuables (inside the car), don't park (fire exits and places where parking is forbidden downstairs), don't play in the water (pool), drop rat poison (to prevent children or pets from eating by mistake), spray pesticides (fruit trees), instructions and requirements for the use of entertainment facilities (fitness equipment), and pay attention to safety during construction (night construction site) Please walk on the sidewalk (entrance and exit of the residential area), be careful to pinch your hands. The elevator has just been oiled (elevator), pay attention to safety when the wall falls off (there are peeling walls), be careful when sliding behind the snowy road (snowy road), exit, do not smoke, do not pile up sundries (fire escape), take care of flowers and plants (lawn greening), and do not throw objects at high altitude, guard against theft, robbery and damage.
7. Fireworks should be set off during the Spring Festival, and owners who fail to set off fireworks according to regulations should stop them in time. If you don't listen to dissuasion, you should conduct on-site evidence collection, so that you can directly find the responsible person after the accident and formulate the corresponding emergency plan (Yongjia County Court of Zhejiang Province tried a dispute over compensation for fireworks and firecrackers, and Daguanjia Property Company failed to fully perform its property management duties and failed to stop the discharge of fireworks and firecrackers in the compound. Lack of corresponding emergency fire-fighting plan, there is a certain fault in the occurrence of this fire accident, and it should bear the corresponding liability for compensation, and it is decided that Daguanjia Property Company should bear 15% liability for compensation);
8, daily through inspection, owner complaints and other ways to find the existence of security risks should be eliminated in time, can not delay, accidents and tide wait for no man, accidents often occur in an instant;
9. sundries (such as solar bases, branches, abandoned building and decoration materials, etc.) and drains on roofs and public balconies should be cleaned up in time to prevent people and owners from being injured by accident due to poor drainage when the rainy season comes. Some communities have set up drains on the balcony of the owners' rooms. Because the owners don't cooperate, they are often not at home, which brings great inconvenience to dredge the drains. If the owners don't cooperate, try to get them to sign a disclaimer. If you are often away from home, you can leave a notice on the owner's door and make a video recording to prove that the notice has been issued (relevant regulations: "When repairing the * * * parts of the house and the * * * equipment, the neighboring owners and users should cooperate. If the neighboring owners and users obstruct the maintenance and cause property losses to other owners and users, the responsible person shall be responsible for compensation);
10. When taking emergency measures, be sure to contact the local police station, community and other owners to be present, track and video the process, and never open the owner's door without permission;
1 1, the northeast is easy to freeze in winter, so it is necessary to clean the "ice valve" formed on the roof in time to avoid falling and injuring the car;
12, lightning protection facilities should be checked frequently. According to relevant regulations, lightning protection is also a part of residential property management. In addition, property management companies should regularly maintain lightning protection facilities, because some lightning protection facilities will fuse after use and will not work normally for the second time. The grounding part should be handled well and not exposed. Many property companies generally ignore this point, which is easy to cause property losses to owners. Therefore, it is necessary for property management companies to maintain and test lightning protection facilities.
13, abandoned trash cans, billboards, billboards, letter boxes, etc. Deal with it in time in the park to avoid related accidents;
14. Try not to install receivers and signal amplifiers that are radioactive to the human body in the park. If installed, a report harmless to human body must be submitted;
15, fire control facilities should be checked frequently. If there is a fire, although the cause of the fire has nothing to do with the property company, if the fire-fighting facilities are defective and cannot be put out in time, the property company should also bear corresponding responsibilities;
16. Try not to keep the goods for the owner, whether it is paid or not. As long as the property enterprise provides this service for the owner, the property enterprise will bear the corresponding liability for compensation after the loss or damage occurs;
17, public liability insurance should be considered when calculating the expenses. Once a liability accident occurs, it is a good way to prevent the company from suffering heavy losses.
In short, both development units and property management enterprises must consider all aspects when developing and managing residential areas, and carefully consider the setting and management of some facilities from the perspective of safeguarding the rights and interests of owners. Only by nipping potential safety hazards in the bud can we avoid personal and property losses to the owners and avoid unnecessary liability risks.