Traditional Culture Encyclopedia - Traditional culture - Henan rental house water heater leakage caused death, asking the landlord to pay compensation of more than one million yuan, the court will support?

Henan rental house water heater leakage caused death, asking the landlord to pay compensation of more than one million yuan, the court will support?

The court is supportive.

Small Zheng and his girlfriend, Xiaoli, rented a house from their landlord, Mr. Yuan, but they used a bathroom with other tenants***. Xiao Zheng used an electric water heater to take a shower and was electrocuted because the heater leaked and died. Afterwards, Xiao Zheng's parents sued the landlord for 1 million dollars. So as a landlord, should they be compensated? Before the incident, a co-tenant told Xiao Zheng that the water heater was leaking. A few days later, Xiao Zheng was accidentally electrocuted and died while using it. As an adult, Xiao Zheng continued to use it even though he knew there was a leak, so he had some problems.

From a legal standpoint, Xiao Zheng and his landlord were in a housing lease. The landlord, as the lessor, must ensure that the appurtenances of the rental housing it provides are safe for normal use, and also has the obligation to maintain. The water heater is also an old appliance and is in disrepair. The lessor, as the lessee, should be held liable for the electric shock caused by the leakage of the water heater in the bathroom of the rental housing during the rental period. Finally, the court ruled that the landlord compensation of 430,000 yuan.

The landlord and Xiao Zheng have a housing lease contract relationship. Article 731 of China's Civil Code provides that the landlord has the obligation to protect the safety of the tenant. The landlord shall ensure that the rental housing and its supporting facilities are free from potentially harmful factors that jeopardize personal safety, life and health, property rights and interests, and shall have the corresponding obligation to repair and replace the hidden dangers of the said factors. Otherwise, they will be legally liable for the damages caused. Take this case as an example. During the investigation, it was found that the water heater in the rental house had been installed for 7 or 8 years. The owner of the building knew that the water heater was in disrepair and ignored it. Obviously, this was a clear mistake. This fault was also the reason why the water heater leaked electricity which eventually led to the death of the young man by electrocution. Therefore, it was not improper for the court to find the landlord liable. It should also be noted that the lad knew that the water heater was in disrepair and leaking, but he did not tell the landlord to fix it, nor did he do it himself, with total disregard for safety. Therefore, the court based on the cause of the accident and the fault of both parties, the verdict of the deceased and the landlord each bear 50% of the responsibility.