The Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") is known as the "encyclopedia of social life". Marriage, divorce, contract signing, investment and sales The Civil Code weaves a protective net for the activities of civil subjects in all fields. On the occasion of the fifth anniversary of the promulgation of the Civil Code, People's Daily Online has compiled typical cases closely related to people's lives for readers. This article focuses on the division of liability for infringement. The basic case is that Zhao and Yu are owners of a certain residential area. Zhao's house is located downstairs from a certain house, and Yu rented the house to Song. During the Spring Festival, Song returned home for the holiday and his house was locked without any management. In January 2023, Zhao was informed by the property management that a house upstairs was leaking water, causing his own house to be flooded. The roof, walls, and furniture of the house were damaged to varying degrees, and the bedding was soaked in water and unusable. Zhao then sued Yu and Song to the court, demanding that they compensate for the damages and repair of the decoration, rental fees, vacancy fees, etc. Yu stated that he was not familiar with the condition of the house during its use, and his contract with Song clearly stipulated that any damages caused during the rental period should be borne by the tenant. The water leakage was caused by Song's failure to cut off the water supply in a timely manner. Song claimed that the wall mounted boiler in his rented house has reached the national standard for scrapping. As the landlord, Yu should ensure that the house can be used normally, but the landlord only repairs it without replacing it, so he should bear the liability for infringement. Upon Zhao's application, the court commissioned an appraisal company to evaluate the repair plan and repair cost for the damaged parts of Zhao's house due to water leakage. After appraisal, the project cost is 27264 yuan. After trial, the People's Court of Changping District, Beijing believes that this case is compensation for damages caused by water leakage in Zhao's house. According to the statements of both parties, the cause of the water leakage in Zhao's house was the bursting of the wall mounted boiler pipeline in the house. As the owner of the right to use the house, Yu should ensure the safety and usability of the facilities inside the house; As the user of the house at the time of the water leakage, Song has the obligation to properly use the facilities and equipment inside the house. Based on the investigation of this case, the hanging boiler on the inner wall of a certain house has been in use for a long time and has reached the scrap life. It has undergone multiple repairs before the water leakage accident occurred, and there is a risk of damage to the hanging boiler itself. Therefore, Yu should bear the main responsibility for the occurrence of the water leakage accident, and the court will determine that he should bear 70% of the responsibility at its discretion; At the time of the accident, Song did not turn off the water and electricity, and he should also bear some responsibility for the leakage accident. The court has determined at its discretion that he should bear 30% of the responsibility. The final court ruled that Yu should compensate Zhao for a total of 44564.8 yuan in housing maintenance fees, appraisal fees, and vacant property losses, and Song should compensate Zhao for 19099.2 yuan. Article 1165 of the Civil Code stipulates that if a person infringes upon the civil rights and interests of another person due to fault and causes damage, they shall bear tort liability. If the perpetrator is presumed to be at fault according to legal provisions and cannot prove that they are not at fault, they shall bear tort liability. Article 1172 of the Civil Code stipulates that if two or more persons commit acts of infringement and cause the same damage, and the degree of responsibility can be determined, they shall each bear corresponding responsibilities; If it is difficult to determine the size of the responsibility, the responsibility should be shared equally. In recent years, disputes caused by water leakage in houses have occurred frequently. The judge reminds that both landlords and tenants have a responsibility to fulfill reasonable duty of care. As the owner of the house, the landlord has the obligation to ensure the safety and timely repair of all facilities and equipment of the house. If the landlord fails to fully fulfill the aforementioned obligations, the landlord shall bear corresponding responsibilities. Before renting out the house, the landlord should inspect and repair the house and its attached items, facilities and equipment, and replace any facilities with safety hazards in a timely manner. In addition, when signing the rental contract, the circumstances of "lessee's fault" should be listed and explained to avoid disputes and conflicts between the two parties during the later performance of the contract. As the actual user of the house, tenants should fulfill their obligation to properly keep and use the house. Once tenants discover that the house and its attached items, facilities and equipment are damaged due to natural attributes or reasonable use, they should also promptly notify the landlord to repair them. If the tenant causes damage to the house or losses to neighbors due to their improper use of the house, they should also bear corresponding responsibilities within their fault range. In addition, the judge reminds that when a house is found to be leaking water, the owner should immediately use methods such as photography and video recording to preserve evidence, and promptly contact the property management company and relevant owners to inspect the leaking area to avoid further losses. Maintain maintenance records and related expense documents, and if necessary, apply to professional institutions to identify the cause of water leakage to safeguard one's legitimate rights and interests. (New Society)