Owners of cars in the underground garage , said he

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overnight, underground garage flooded, BMW, nearly 400 million vehicles have been drowned in Guangzhou last year ... ... residential property and the developer to court,cheap asics tiger, its claims totaling 484 million yuan repairs and so on. Yesterday afternoon,onitsuka mexico 66, the first trial verdict 法院对该案 Tianhe District, identified storm force majeure, but the residential property on deposit in the notification and emergency response deficiencies,nike high heels, so take two to determine their compensation, sentenced to 36 owners shared the 73.5 million yuan. It is the first sentence of the flood cars Guangzhou cases.
2010 5 a storm on 7 May, the Guangzhou Zhonghaikangcheng three car garage in 400 immersion, in which 36 owners not to buy insurance, so can not get insurance payments, then they are to the courts. 36 other plaintiffs Chen Department of Zhonghaikangcheng Garden households, which alleged that the defendant property is not in the sea water in flood measures in a timely manner and did not notify car owners moved out of the library,dunks heels, and did not make the appropriate drainage measures; defendant Koto, Inc. (developer) design and construction of the underground parking garage and fence railing design flaws, and underground garage facilities without alteration, resulting in flooding losses. The plaintiff that the property management company is entrusted to the defendant in the defendant Jiangdong property to the sea,cheap asics, and then ask the court to sentence the two defendants shared custody for breach of contract liability,discount asics mexico, joint and several vehicles, flood damage compensation for a total of 484 million yuan, and take the case acceptance fee and assessment fee .
this regard,asics mexico 66, the two co-defendants reply that the contractual obligations and contingent obligations. And drain all of its engineering company that has been the acceptance by government departments to meet building code requirements, day of the incident was due to water intrusion, flooding was a result of electric drainage pump room and other facilities are unable to work. The defendant also suggested that the event was due to storm heaven, Jubei creek floods caused massive dip into the garage to vent the accident, force majeure, it can not be predicted and can not be avoided and overcome, so there is no fault of their own.
Court has examined, Mr. Chen and other 36 plaintiffs were obtained by purchase or lease of a residential underground parking spaces, the right to use, and on the evening of May 6, the car parked in this. From the start at 2:00 on the 7th, in the Sea of ​​property found on duty after the rain into the garage, placed at its entrance a few iron posts,asics gel kayano running shoes, and placed a small amount of wood and sandbags, etc. 3:40, the fire in the Sea of ​​property using radio to inform the tenants, to remind the vehicle out. But the night was heavy rain, accompanied by thunder, only two owners of vehicles to be driven out of parking lot to hear and others do not hear the broadcast or due to deep water due to failure to exit the vehicle parking lot. Since then, the parking lot of the water level has been increased to 2.9 meters, eventually parked in the parking lot of 369 cars was completely immersed in water. Assessed after each flooding plaintiff's vehicle maintenance costs for the 2 million to $ 49 million per month.
decision point 1: rain water intrusion, force majeure.
court held that the plaintiff involved in legally acquired the right to use the underground garage, and kept in the establishment of contractual relations Sea of ​​property, liability can be their advocate. The plaintiff and the drain is a real estate sale, the relationship between the companies,onitsuka tiger ultimate 81, the two do not belong to the same legal relationship, so their claim is not to mediate. May 7 last year, Guangzhou City, the prevalence of heavy rain,onitsuka tiger sale, according to weather station network monitoring, 6 to 8 pm the evening at 6 o'clock on the 7th, the city's average rainfall of 170.1 mm, the largest of which 244.3 mm, both historical record. Affected, involving Jubei creek area next to the river overflowed the dam and cell wall, quickly poured into the parking lot,air max 2012 for women, resulting in the parking lot was completely submerged.
court held that this heavy rainfall exceeded most people's vision, in the Sea of ​​property which can not be predicted. Meanwhile, the serious water than normal water blocking parking,Asics Onitsuka Tiger Olympos, drainage facilities, capacity, and therefore can not be avoided and can not be overcome. Then determined that
2: not entirely the duty of care,asics shoes sale, property management responsibility for two into a bear.
court held that,women air max 2012, even if due to force majeure, in the Sea of ​​property in a timely manner should be defense, its failure to take general measures for risk mitigation and effective water immersion parking lot,nike high heels, and radio to inform the owner effect is poor, as the custodian of the vehicle, and careful attention entirely to the largest and best efforts obligation to mitigate the damage happen, should bear some liability. In summary, the court held that force majeure may be exempted from part of the responsibility of property in the sea, but in view of its failure to fulfill their duty of prudence, etc., then take 20% of its verdict of liability, that is, 36 owners total compensation of $ 73.5 million