Chen Xian said that since 2008, he rented a house in Qixia District as a warehouse to store furniture. The reporter learned that a chemical company is adjacent to Chen Xian's warehouse, which is separated by a wall of the chemical company. On July 6, 2009, Nanjing was hit by a heavy rainstorm. On this day, Chen Xian suddenly received a call: "Your warehouse has an accident. Come and see." When Chen Xian hurried to the warehouse, the The scene made him cry without tears: the room was full of water, the rain outside was still pouring into the house, and all the furniture had been soaked by the rain. "If you want to save, you won't be able to come back." Chen Xian said, he also found out the reason for the water in the warehouse. On that day, the fence of the chemical company could not withstand the rainstorm and collapsed, and the collapsed wall just broke the glass of Chen Xian's warehouse. "The rainwater discharge was also blocked." Chen Xian said, the rainwater rushed directly into his warehouse through the window. After the rainstorm stopped, Chen Xian made a preliminary calculation of the loss. All losses totaled more than 400,000 yuan. To this end, Chen Xian also negotiated with the landlord and the chemical company next door, but in the end it broke up. In desperation, Chen Xian sue the landlord and the chemical company to the Qixia District Court, demanding the other party to compensate his loss of more than 400,000 yuan. "I have a basis for claiming compensation from the landlord." Chen Xian took out the two parties and signed a rental agreement, which clearly stated: "" The goods in Party B (Chen Xian) 's warehouse were flooded and the losses caused by theft, Party A ( The landlord) should be liable for compensation. "Recently, the Qixia District Court has accepted the case. For this case, Li Jin, a lawyer of Jiangsu Jinlu Law Firm, believes that Mr. Chen ’s claim against the landlord and the factory next door are different legal relationships and should be Separate prosecution. Mr. Chen and the landlord are in a rental contract relationship. The prosecution of the landlord is based on the contract, and the damage caused by the collapse of the factory wall is an infringement dispute. On the other hand, the collapse of the chemical company ’s wall caused rainwater to enter the house From the analysis of the causal relationship that caused the damage, the loss should be mainly borne by the chemical company. (The parties in this article are pseudonyms)
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The rainstorm washed down the surrounding wall and flooded 400,000 yuan of furniture victims to sue the landlord
Last week, a heavy rainstorm in the whole city of Nanjing is still in our memory, but the aftermath left after the rainstorm has already appeared. Yesterday, the reporter learned in the Qixia District Court that all the furniture worth more than 400,000 yuan in a citizen's warehouse was soaked. The landlord and the factory next door became the objects of compensation.