How to compensate for the fire damage of the neighbor's house?
First, the specific situation should be analyzed in detail, mainly depending on the identification and division of responsibilities.
1, fire control all legal related work must be carried out in accordance with the fire accident investigation report issued by the public security fire control organ.
2. First of all, the fire victims and responsible persons should have no objection to the investigation report. If one party disagrees with the investigation report, it may submit a review to the local public security fire control institution.
3. If both parties have no objection, the public security organ will determine whether it constitutes a criminal case according to the responsibility of the responsible party in the investigation report, and then decide whether to transfer it to the judicial organ for handling. At the same time, the injured party can file a civil compensation lawsuit or a criminal incidental civil compensation lawsuit against the responsible party.
Second, if it is determined that the cause of the fire is a fire in the neighbor's home appliance line, there is no objection.
There should be at least two responsibilities, one is the neighbor owner, and the other is the local electricity safety management (or fire safety management) department. The basic principles are as follows:
1. Under normal circumstances, the safety management department will delegate the rectification notice to the houses with potential safety hazards (including aging lines). If the notice has been issued and not implemented, the owner should take full responsibility.
2. If the owner pulls the connection privately and the management department doesn't know, the owner is fully responsible.
3, the safety management department did not check, or check did not tell, the safety management department should bear the corresponding responsibility.
Third, in this case, we only need to sue our neighbors first. If the management department is responsible, the neighbors will sue the relevant departments and let them bear the corresponding responsibilities. So don't worry about whether there are other responsible parties, you just need to claim compensation from your neighbors. If the neighbors can't compensate, they can jointly sue the relevant departments.
How can my neighbor compensate for the fire in my shop?
1. Fixed evidence: In case of damage to one's own home and neighbors, it is necessary to take photos and videos to fix the prosecution evidence.
2. Declare the fire loss to the fire department: If a fire does occur, declare the fire loss to the fire department and bring the original fire certificate and necessary documents for prosecution.
3. Entrust the price evaluation department to evaluate the fire loss: at home or contact the affected households and the entrusted price evaluation agency to evaluate the fire loss and prepare for prosecution.
4. Entrust a lawyer to intervene in the preparation of materials before prosecution in advance.
5. Prosecution: If the original fire is confirmed by the fire protection certificate or the first fire scene is caused by the building, the court will sue for property infringement, and sue for property compensation, restitution, mental loss compensation, lost time and so on for mental infringement. It is said that the reliability of mediation is low, and the mediation agreement can compensate for the loss. Even if compensation is found, the court will enforce the property according to the application.
6. Investigate the criminal responsibility of the fire household. The Ministry of Public Security and the Supreme People's Procuratorate jointly issued a document saying that the direct property loss caused by the fire exceeded 500,000 yuan. According to the fire loss investigation by the fire department, the fire loss is more than 500,000 yuan, and the price assessment agency has assessed the fire loss to be more than 500,000 yuan. The fire department should file an investigation and at least hold the customs officers responsible for the fire losses.
Because there was a fire in our neighbor's house, all our property was burned down. Who should bear the loss?
Recommended answer: all the fire builders in the community have burned out. Compensation should be based on whether the original neighbor of the fire caused the fire intentionally or negligently, and whether the neighbor should be compensated for resistance or non-responsibility. People's general provisions: citizens and homes infringe on property due to fault or collective property, and the key to the corresponding provisions of tort liability depends on whether the fire originated from neighbors' misunderstanding of the original fire certificate of the fire department. The real responsibility of neighbors should be to restore the original state or compensate at a discount. Tort liability stipulates that the property loss shall be calculated according to the market price of the loss or its formula, and it shall be responsible for stopping the infringement, removing the obstruction and eliminating the danger of the property safety infringement request.
The neighbor's house caught fire, and the compensation money burned my house.
Recommended answer: According to the first paragraph of Article 39 of the Fire Prevention Law of People's Republic of China (PRC): "After the fire is extinguished, the public security fire control institutions have the right to close the fire scene as needed, and are responsible for investigating and determining the cause of the fire, verifying the fire loss and finding out the responsibility for the fire accident." Therefore, the verification of fire losses belongs to the administrative authority of public security fire control institutions, and the identification of fire causes and the verification certification materials of fire losses made by public security fire control institutions are the preconditions for bringing a civil lawsuit. Therefore, the fire department should be required to verify the fire loss, find out the cause of the fire, and claim compensation from the responsible party. Process: After the fire broke out, the fire department should first identify the cause and responsibility of the fire, and then compensate for the loss according to the responsibility. The amount of compensation can be determined by both parties through consultation, and can also be entrusted to the price department for identification. The compensation method can be determined by both parties through consultation. If negotiation fails, they can also bring a lawsuit to the court for compensation.