According to Ms. Huang, in 2008, she bought a loft in a residential area. After moving in the next year, she and her family found that the elevator room was facing her bedroom and bathroom, making a buzzing noise all day. It can be tolerated during the day, but at night, the rest of Ms. Huang and her family is seriously affected. Due to poor long-term rest, Ms. Huang's physical condition has seriously declined.
To this end, Ms. Huang has negotiated with developers and property companies many times, but it has not been resolved. Later, Ms. Huang forced the property company to solve the problem by refusing to pay the property fee. As a result, instead of solving the problem, she was repeatedly cut off from water and electricity. In desperation, Ms. Huang had to take the developer and the property company to court and demand compensation for mental losses.
The lawyer said:
Lawyer Li Yong of Tianjin Tianshuo Law Firm said: This case is a typical infringement dispute, and the focus of the dispute is whether the noise generated by the elevator has caused damage to the parties. Lawyer Li Yong said that noise pollution is ubiquitous in life, and the principle of presumption of causality is generally adopted in judicial practice, that is, as long as it is proved that the other party made noise, the victim's person or property has suffered or is suffering damage, but the other party cannot prove that the damage was caused by other reasons, that is, it is presumed that there is a causal relationship between noise behavior and damage consequences. According to the provisions of China's Tort Liability Law, the determination of tort disputes depends first on whether the other party is at fault and whether the other party has a harmful result. If these two facts exist and can be proved to be causal, the victim can claim damages. In view of this case, Ms. Huang Can only proves that the elevator machine room has really infringed on herself and belongs to noise pollution, which constitutes noise infringement and demands compensation.