The cold wave is coming and the cold wind is strong. The day before yesterday, a large piece of wall covering of a residential building suddenly fell from a high altitude in Xinniangyuan Community, Baoshan District, Shanghai, and hit a commercial vehicle that was charging on the ground. Many residents in the community are worried about the "hidden dangers of the exterior walls" of the community.
Xinliangyuan is located at Lane 183, Xiner Road, Gaojing Town, Baoshan District. Resident Mr. He told reporters that December 16 was Saturday morning and he was resting at home. "The community police suddenly called and said that my car was smashed."
Mr. He was driving a Denza D9 commercial vehicle, which he purchased for more than 360,000 yuan. It was parked in a shared charging parking space on the main road of the community. This place is close to Building 52 of the community. It turned out that at 8:22, a piece of "wall skin" about 1 square meter suddenly fell from the sky on the west exterior wall of the 14th floor (top floor) of Building 52, and hit Mr. He's vehicle. The hit area was mainly at the rear of the car, causing serious damage to the entire trunk door and rear wing, and partially collapsing the roof. "Because the car was charging at the time, the charging gun was smashed away. The charging pile was also damaged." Fortunately, no one was passing by the main road, and other vehicles nearby were not affected.
Mr. He ran downstairs and witnessed this scene, and was really frightened. He said he was considering going downstairs and turning off the car to charge it. "If I had gone downstairs 10 minutes earlier, I would have been hit."
How could the wall panel fall? Mr. He told reporters that he was later told that it was the insulation layer of the building's exterior wall. "But the material is not foam, but also has lime cement, etc., so it still has a lot of weight in the hand."
Mr. He's car has only been used for a year. According to the damage estimate given by the insurance company, the repair cost is about 18,000 yuan. "In addition, considering the loss of the charging gun and film, and the additional transportation expenses for many days in the future, the total loss is not small." He negotiated with the property company and believed that the property company did not perform regular inspections and maintenance of the community buildings. Responsibilities.
The reporter got in touch with Jinhua Property Company, which manages Xinliangyuan Community. According to the staff, there was a blue warning for strong winds that day, and a hollow wall in Building 52 fell off, hitting Mr. He's car. The company attaches great importance to this matter and has negotiated a solution with Mr. He. It is reported that the community was completed and delivered 14 years ago. It has 29 multi-story buildings and 27 small high-rise buildings, with a total of more than 1,100 households. After the incident, the property management personnel sent personnel to protectively remove the remaining loose wall coverings around the area where the wall coverings had fallen off. In addition, in response to the concerns of many owners in the community about hidden dangers in the exterior walls, the property management company has reported to the property owners committee and neighborhood committee to conduct a detailed investigation of the overall hollowing out of the exterior walls of the community.
In June 2023, Mr. Huang found that the car parked in the parking space of the community was smashed beyond recognition by the wall covering that fell from the roof. The appearance of the car suffered varying degrees of deformation and paint peeling. When he went to the roof to check, he discovered that the roof was damaged. The lower edge of the exterior wall fell off. Mr. Huang called the police immediately, and the police from the police station immediately went out and took notes.
The property company believes that this case was caused by strong winds and heavy rains, which caused the wall to fall off and cause damage to Mr. Huang's vehicle. It is a force majeure event. The property company has fulfilled its obligations of inspection and risk warning and is exempt from liability. Mr. Huang believes that he paid property fees in full and on time, but the property management company neglected to perform maintenance and management obligations, causing damage to the vehicle, and he should be compensated. After repeated negotiations and communications between the two parties failed, Mr. Huang had no choice but to sue the property management company of the community to the court, demanding compensation for vehicle maintenance costs and other losses of more than 10,000 yuan.
The court held that the property management company, as the community manager, has management responsibilities for the public facilities in the community and should assume the obligations of repair, maintenance, management and maintenance of the community. The property management company should conduct regular inspections and maintenance of public facilities in the community, promptly investigate potential safety hazards and take necessary safety measures.
In this case, the exterior wall belongs to the management area of the property management company, and the property management company is responsible for regular inspections of potential safety hazards and routine maintenance and reinforcement. The property management company failed to fulfill this obligation, causing the wall to fall off and causing losses to the owner, and it needs to bear corresponding liability for compensation. After mediation in this case, the property company compensated the owner 6,000 yuan.
