Who is responsible for the fire loss of the garage in the community?

This depends on the actual situation. It depends on the cause of the fire, first determine the responsible person. If the property is improperly looked after, the property service is not conscientious, there is a fire hazard that leads to a fire, or a fire is caused by personnel in the management process, then the property will make compensation. If the responsibility lies with the owner, then the owner is liable for compensation.

First, who is responsible for the fire in the community?

The property management company is irresponsible for the fire in the owner's house. According to the provisions of China's fire protection law, the fire control responsibility in the home is entirely within the area managed by the owner, and there are many reasons for the fire, such as aging and overload of electrical lines, illegal use of heaters, cigarette butts not extinguished, gas equipment failure, electrostatic induction encountering flammable gas and so on. Owners should always check the safety in their daily life and maintain the facilities and equipment in time. The fire consequences caused by improper use by owners and users and the losses caused to neighbors shall be borne by the responsible person, and malicious arson shall also bear criminal responsibility.

Second, how to identify the fire responsibility?

The identification of fire accident responsibility has three obvious characteristics:

The first is the particularity of the subject. The determination of fire accident responsibility shall be made by public security fire control institutions according to law. Public security fire control institutions are the internal organs of public security organs, and have obtained the qualification of administrative law enforcement subject because of the authorization of the Fire Protection Law. At the same time, however, the public security fire brigade is a unit that implements the active service system in China and is an integral part of China's armed police. As a result, China's fire control work has formed a very distinctive China characteristic of "military law enforcement".

The second is science. After the fire broke out, it became a worldwide problem to find out the cause of the fire because of the destruction of the fire and the destruction of the fire extinguishing. It needs to be realized by high-tech technical means, which makes the identification of fire accident responsibility based on fire cause investigation also distinctive and scientific.

The third is the de facto quasi-judicial nature. To correctly identify the responsibility, in addition to having the relevant professional and technical background (being able to correctly analyze the factual causal relationship between fire and fire, and fully grasp the fire administrative regulations), it also requires the fire accident responsibility identification person to correctly analyze the legal causal relationship between the behavior of the responsible person causing the fire (including the behavior leading to the spread and diffusion of the fire) and the consequences of the fire damage on the basis of mastering the principle of imputation. The knowledge of legal responsibility and the requirement of logical analysis ability are the basic qualities of legal professionals.

Legal basis:

Article 35 of the Regulations on Property Management

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Legal basis: Article 182nd of the Civil Code of People's Republic of China (PRC).

If property losses are caused by infringement of the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed or the interests obtained by the infringer; It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.

Article 18 of the Fire Protection Law of People's Republic of China (PRC)

Where the same building is managed or used by two or more units, the fire safety responsibilities of all parties shall be clarified, the responsible person shall be determined, and the evacuation passages, safety exits, building fire control facilities and fire truck passages used by * * shall be managed in a unified manner.

The realty service enterprise in the residential area shall maintain and manage the fire control facilities in the management area and provide fire safety prevention services.

Article 51

The fire department of the public security organ has the right to close the fire scene as needed, and is responsible for investigating the cause of the fire and counting the fire losses.

After the fire is put out, the unit and relevant personnel who have a fire shall protect the scene according to the requirements of the fire control institution of the public security organ, accept the accident investigation and truthfully provide the information related to the fire.

The fire control institution of the public security organ shall, according to the fire scene inquest, investigation and relevant inspection and appraisal opinions, make a fire accident identification in time as evidence for handling the fire accident.