Should I be liable for the loss of my neighbor's house caused by an accidental fire in 2023?

Fire is something that everyone doesn't want to encounter, but in real life, many fires are not caused by intentional arson, but by negligence. Fire may cause serious property damage. Then, if an accidental fire causes property losses to our neighbors, should we be liable for compensation? I have sorted out the relevant knowledge, hoping to answer it for you.

1. Should I be held responsible for the loss of my neighbor's house due to an accidental fire?

If an accidental fire causes losses to the neighbor's house, it shall be liable for compensation. Although the accidental fire was not intentionally caused by the parties, it infringed on the property rights of others and caused property losses to others, so it was liable for compensation.

Second, how to determine the loss caused by the fire in the neighbor's house?

The fire in the neighbor's house caused damage to the family. In this case, we must first judge how to take responsibility.

If the house catches fire due to the neighbor's own fault, the neighbor shall bear the tort liability. The specific cause of the fire will be investigated by the fire department, and the injured party can consult the relevant departments in time.

After determining that neighbors should be liable for compensation, the next question is compensation for losses. If this problem is not handled well, it will easily lead to disputes between the two sides, and it may also lead to the final settlement through litigation.

The amount of compensation for house damage can be determined in the following ways:

1. The amount of compensation available is the repair cost plus related economic losses, namely:

Compensation amount = repair cost+related economic loss

2. Irretrievable compensation amount is the impairment of real estate value, namely:

Compensation amount = real estate value before damage-real estate value after damage.

3. If the real estate can be repaired to a certain extent, but the real estate value cannot be fully restored, the compensation amount shall be the sum of part of the repair cost, the impairment of the real estate value and related economic losses, namely:

Compensation amount = partial repair cost+real estate value impairment+related economic losses.

4. If irreparable losses are caused, the compensation amount shall be the replacement cost.

5. Find relevant appraisal institutions to identify losses. In order to make the appraisal more convincing, it is suggested that both parties find an appraisal agency together.

Three. Laws and regulations on liability for compensation

People's Republic of China (PRC) Civil Code

Article 166 The principle of no-fault liability If an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.

Article 184 Where the calculation method of property loss infringes on the property of others, the property loss shall be calculated according to the market price at the time of loss or other reasonable methods.

According to the provisions of China's Tort Liability Law, although the fire was not intentionally caused by the responsible person, if the fire caused property losses to the neighbors, they should still be liable for compensation and compensate the neighbors according to the actual property losses caused by the fire.