"She does not pay the electricity bills, which leads to a candle fire."
- Details
- Category: Ningbo News
- Published: Thursday, 19 July 2012 09:34
Source 2012-7-19 9:00:10 Ningbo Evening News
2nd floor of a fire upstairs, downstairs neighbor's house was a calamity. The compensation of the victims neighbors to the homeowner advocate Shique perplexing: the original house is not a homeowner living, but leased to a girl, the girl left the ex-boyfriend, ex-boyfriend letting employees lived. Employees feel aggrieved: the lessee owes the electricity blackout that led to their own candle fire. Responsibility in the end of the Who will pay? Yesterday morning, Haishu Court to hear the case and a verdict.
Reporter gold correspondent Li Yishan
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Housing fire neighbors suffer
Around April last year, 30 at 5 am, Haishu District, Fung Street, a plot of a building caught fire, the fire spread to the upstairs and downstairs. Fortunately discovered early, residents woke up safely escaped. The fire was extinguished by firefighters, but the house has been burnt beyond recognition, wall decoration, furniture destroyed almost. Zhao Dabo a living downstairs and lived upstairs Wang Dabo a hard back home, had rented out a house to live.
Identified, Zhao Dabo home burned, soak the damage to electrical and other furniture loss of nearly 1.4 million, upholstery repair costs about 20,000 yuan up to 20,000 yuan, the cost of the homeless out rent.
Wang Dabo home burned worse, the floor almost to burn, light repair necessary to nearly 7.5 million floor, nearly 4,000 property damage in the home decorating repair costs of $ 800 million, nearly 10,000 of the cost of renting sub million.
Victim claims
The relationship between the complexity of an additional defendant
In order to get compensation, Zhao Dabo and Wang Dabo floor homeowners Wu Aunt report on the court.
Aunt Wu sympathetic to the neighbor's experience, but she thinks there is no obligation on fire, because this house has been rented out to others to live her own absence from the Ningbo.
Original in November the previous year, Aunt Wu has been the house was leased to a girl called Xiaoyun, a term of one year. Xiaoyun and her boyfriend Xiaotao live here. But then the two broke up, the Xiaoyun put the house was left to her boyfriend, her own way. Landlord reminder to of Xiaoyun pay rent, and Xiaoyun contact Xiaotao, so he went to pay.
The Xiaotao start a company, he left the house, and as a staff quarters, so that the girl lived in the company. The day of the fire in them, is the Xiaotao company employees.
See this incident and pulled so many people, Zhaoda Bo and Wang Dabo, presented to the court the defendant's application of additional, Xiaoyun and Xiaotao company, two employees of the Little Green and Mary also to court.
Cause of the fire
Bedtime forgot to blow out candles
Fire is what caused it? The fire department identified on the fire, the fire site is a two-floor living room somewhere in the fire due to the residual candle ignited combustible spread.
A candle girl Xiaoqing and Mary, to move it one week. Night of the incident, it plays, Mary, and a group of partners in the living room, point a dozen candles drink for supper, has been eating nearly 5:00. Several partners left, Xiaoqing and Mary drunkenly to bed, and forgot to blow out the candles. The candle ignited the other items, causing the tragedy.
Why not turn on the lights a candle? Candlelight dinner is it? Not because of a power outage.
Original Xiaoyun here, did not go out and make electricity, owed four months of electricity more than 1000 yuan, it is power for several days.
Court decision
The actual lessee is also required to bear responsibility for
Court, the defendants to defend himself.
Xiaoqing and Mary felt although wrong, but attributed to the original Xiaoyun not pay the electricity bills, depriving them had to light candles before they lead to a fire.
The Xiaoyun say they already do not live there, the matter has nothing to do with her.
Aunt Wu is argued that he was just leased the house Xiaoyun, does not allow do not know she was transferred to others, their live Ningbo, can not be every few days to the house to look for what people should not bear responsibility.
Responsibility for what the Who will pay?
After the court judgment, Xiaoqing and Mary is the actual use of housing fire, fire from a candle into the sky, so the case, the two fault Xiaoqing and Mary, so the two pairs of two the plaintiff's loss to bear direct liability, jointly and severally liable.
As the actual lessee, Xiaoyun deal with the housing to assume management responsibility. In accordance with the rental contract, Xiaoyun should be the timely payment of utilities, shall not sublet, and Xiaoyun arrears of electricity lead to power outages, although the power outage does not necessarily lead to fires, but due to the tariff acts indeed is the antecedent of the fire. Meanwhile, Xiaoyun will also house was left to others. Therefore, there are some fault Xiaoyun the occurrence of fire, should bear the additional liability.
Wu aunt no obvious negligence on the housing management, not liable.
Law link
Joint and several liability: the law or the parties have agreed, two or two or more parties of their common debt to bear all or part of the commitment, and can therefore cause its internal debt between a civil liability. The creditor may request any debtor to perform all or part of the debt, there is no order of the other, the debtor shall be obliged to fulfill.
Additional responsibilities: the case of the same debt, the principal debtor can not perform the debt, sub-debtor to assume the obligation to perform his obligation, the order of the other, the creditor must request the principal debtor to perform his obligation, without success, may request the debtor to fulfill his debt .
