Who must be responsible for when an apartment elevator falls ?

Article 11 of Circular 02/2016/TT-BXD, the person responsible for the maintenance of the apartment building is prescribed as follows:

With private ownership

- The owner of the apartment building is responsible for maintaining the privately owned part, contributing funds to carry out the maintenance of the shared area of the apartment building.

- Damage to the shared area in the privately owned area: The owner of the private property is responsible for facilitating and supporting the following units: Management and operation of the apartment building, construction and repair of damage this broken.

Illustration

With common ownership

- In the first apartment building meeting:

- After the first apartment building conference: The maintenance process for the apartment building is established and approved by the investor; equipment maintenance standards are established and implemented by the equipment supplier according to the annual maintenance plan approved by the apartment building conference.

If there is unexpected damage or due to natural disaster or fire, the Management Board of the apartment building shall decide on the maintenance but must report at the nearest apartment meeting.

In particular, only individuals and units with qualified conditions and capacity to perform maintenance are allowed.

Therefore, if the apartment building in general and the elevator in particular are privately owned, it will be maintained by the owner, if jointly owned, it will be maintained according to the process of the investor and equipment supplier or decided by the management board of the apartment.

In Article 605 of the Civil Code, if the elevator falls that affects the health and life of others, the owner, property possessor, person assigned to manage and use the house must  compensate for damage based on the actual damage occurred. 

If the fault is caused by the contractor, he must be jointly responsible for compensation.

Thus, in order to determine who is responsible for compensating for damage when the apartment building elevator falls, it is necessary to consider whether the elevator is jointly owned or privately owned and who is responsible for maintenance. Specifically:

- Due to the failure of the apartment management but not handling and maintaining the elevator: If the responsibility for the maintenance of the elevator belongs to the apartment management (the residents have paid the service fees), the apartment management board must compensate.

- Elevator provider: This service provider must compensate for damage.

- Due to damage caused by the damaged person: Due to the fault of the damaged person in the process of using the elevator, according to Clause 4, Article 585 of the Civil Code, the damaged person will not receive compensation for the part caused by him or her. 

- Due to unintended consequences: Determined to be caused by houses, Article 605 of the Civil Code: Owners, occupiers, and persons assigned to manage compensation for damage.

Finally, in order to determine who is responsible when an apartment elevator falls, it is up to the object causing the damage.