Roof Mobile Toilet Leakage

The liability for the leakage of a roof mobile toilet needs to be analyzed based on specific circumstances, which may involve multiple parties such as the upstairs owner and the property service provider.

Liability of the Upstairs Owner

• Principle of Fault Liability: According to Article 1165 of the Civil Code of the People's Republic of China, if the upstairs owner causes leakage due to improper operation or negligence when relocating mobile toilet facilities (such as a toilet), resulting in losses to the downstairs owner, they should bear tort liability. For example, damaging the sewer pipe or failing to seal it properly during renovation, leading to leakage.
• Responsibility for the Use of Exclusive Parts by Owners: In accordance with Article 272 of the Civil Code of the People's Republic of China, an owner shall not harm the legitimate rights and interests of other owners when exercising rights over exclusive parts. If the mobile toilet facilities do not have proper waterproofing measures, resulting in leakage, the upstairs owner needs to bear corresponding responsibility.

Leakage Causes and Handling Methods

• Inspect and Confirm the Leakage Cause:
  • Check whether the sewer pipes are not properly sealed, especially those of the toilet and washbasin.
  • Turn off the main valve and drain all the water from the pipes, then observe whether the dripping from the downstairs stops to determine if it is an inlet pipe leakage.
• Handling Methods for Different Leakage Causes:
  • Inlet Pipe Leakage: It is necessary to dig up the floor for inspection and repair or replace the pipes.
  • Drain Pipe Leakage: Conduct a flushing test by connecting a hose between the faucet and the floor drain. After confirming the leakage, dig up the floor for inspection and repair.
  • Waterproof Layer or Surface Leakage: Re-do the waterproof layer or repair the surface without digging up the floor.

Liability of the Property Service Provider

• Responsibility for Maintaining Public Areas: According to Article 942 of the Civil Code of the People's Republic of China, the property service provider shall properly repair and maintain the common parts and take reasonable measures to protect the safety of the owners. If the leakage affects public areas or poses safety hazards, they should stop it in a timely manner and assist in handling it.
• Assistance Obligations: The property service provider shall arrive at the scene to investigate the cause, coordinate with adjacent owners for compensation negotiations, and provide auxiliary services such as recommending professional repair units.

Liability Division and Assumption

• Identify the Liable Party: Determine the liable party based on the leakage cause and behavior. If the upstairs owner causes the leakage due to fault, they shall bear tort liability; if the property service provider fails to fulfill their management duties, resulting in an expansion of losses, they shall also bear corresponding responsibility.
• Compensation for Losses: According to Article 238 of the Civil Code of the People's Republic of China, the losses (such as house repair costs and compensation for damaged items) suffered by the downstairs owner due to the leakage shall be borne by the liable party.