[Case Summary]This case involves a dispute over compensation for property damage (damage to a haunted house). In June 2022, Chen Ming purchased a 120-square-meter resettlement house in Yongcheng, Henan for 223,000 yuan. In June 2023, a decoration worker died from an electric shock while laying floor tiles. Investigation revealed that A Gas Company improperly installed expansion screws on high-voltage power lines, causing a power leak in the pipeline, and B Real Estate Company failed to conduct pre-delivery inspections and provide warnings. Chen Ming entrusted Beijing Henglu Law Firm to handle the case.Yuan HangThe lawyer filed a lawsuit, and the court determined that the two defendants jointly infringed the rights of others and that the house had become a "haunted house", resulting in a reduction in its transaction value. The court awarded 40,000 yuan in compensation. The core disputes include: whether the construction management fault constitutes joint infringement, whether non-physical damage can claim property depreciation, and the amount of compensation. The applicable legal provisions include the principles of public order and good customs in the Civil Code and the provisions on joint infringement.

I. Review of the case

When decorating the resettlement housing he bought, a death occurred, turning the house into a haunted property. Can he claim compensation if the house price drops? This is a new type of dispute involving the depreciation of housing value. In June 2022, Chen Ming, a resident of Yongcheng City in Henan Province, signed a "Resettlement Housing Subscription Agreement" with Henan B Real Estate Co., Ltd. to purchase a 120-square-meter resettlement house for 223,000 yuan. In June 2023, Su Zhiqiang, a decoration worker, was electrocuted while laying floor tiles due to contact with a leaking gas pipeline. Investigation revealed that the accident was caused by A Gas Co., Ltd.'s improper installation of the pipeline, which resulted in the expansion screw being drilled into the high-voltage power line, causing a gas leak and hidden safety hazards. As the seller, Henan B Real Estate Co., Ltd. failed to fulfill its inspection duties before delivery and provide risk warnings. Chen Ming realized that the house had depreciated significantly due to the tragedy, and he entrusted Henglu Law Firm to handle the case.Yuan HangThe lawyer filed a lawsuit demanding that the two defendants jointly compensate for the loss of the house's value.

II. The focus of the case

  • Focus 1: Whether the two defendants constitute joint infringement.The improper gas installation and the negligence of property supervision. Is there a causal relationship between the fault and the consequences?
  • Focus 2: Can non-physical damage be claimed as property depreciation?The term "haunted house" refers to a house that is superstitiously considered unlucky, without physical damage. Is the depreciation of its transaction value protected by law?
  • Focus 3: Is the amount of compensation reasonable?The plaintiff claimed 246,900 yuan. How to quantify the impact of the "haunted house" on the housing price?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Chen Ming) alleged that:It is claimed that the two defendants' construction and management negligence led to the death of the decoration worker and the devaluation of the house into a "haunted house", so they should jointly compensate for the loss of the house value.

The defendants (A Gas and B Real Estate) position:A claimed that the loss of value had not actually occurred, that it was an accident, and that the drop in housing prices was a commercial risk; B claimed that there was no responsibility or fault, that the deceased's compensation had already been borne by them, that the plaintiff's claim was for indirect losses and was not protected, and that the house was not a haunted house.

Legal Opinion of Hengluo Law Firm:Attorney Yuan Hang pointed out that according to the witness's testimony, the "Situation Statement on the Death of Su Zhiqiang", and the "Compensation Agreement", Su Zhiqiang indeed died from electrocution and cardiac arrest in the house involved in the case. This abnormal death caused the house to become a "haunted house", and the two defendants should bear the compensation for the depreciation of the house. From the perspective of public order and good customs, people generally avoid and fear "haunted houses", which leads to the depreciation of their rental and sales value. This is in line with the principle of public order and good customs in the Civil Code, and their legitimate rights and interests should be protected. A Gas failed to fulfill its obligation of safety guarantee, and B Real Estate failed to fulfill its responsibility of reminding the buyer to conduct inspections. Both of them are at fault and should bear joint tort liability.

  • The death certificate confirms the basic fact that the victim died an unnatural death, and the compensation agreement also confirms this fact.
  • Citing the principle of public order and good customs, it is proved that the transaction value of the "haunted house" is objectively depreciated
  • Demonstrate that the respective faults of the two defendants constitute joint infringement

IV. Outcome of the case

The court adopted the core opinion of Attorney Yuan Hang and held that this case is a dispute over compensation for property damage: A's improper gas installation and B's negligence in property supervision constitute joint infringement, resulting in the house becoming a "haunted house". Although no physical damage occurred, according to folk superstitions, the objective depreciation of the house's transaction value constitutes the plaintiff's loss. Taking into account the degree of fault, the cost of purchasing the house, and local customs and traditions, the court determined that the two defendants should compensate the plaintiff Chen Ming for 40,000 yuan and rejected other claims. Judgment: The defendant A Gas Co., Ltd. and Henan B Real Estate Co., Ltd. shall compensate the plaintiff Chen Ming for the loss of the house value of 40,000 yuan within ten days from the effective date of the judgment.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law FirmYuan HangThe lawyer (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent. Lawyer's advice: The value of a house not only depends on its physical attributes, but also relates to the human environment. If a house becomes a "haunted house" due to the construction and management mistakes of others, and the transaction value is depreciated as a result, the party concerned may claim compensation for property damage based on the fault and public order and good customs. Owners encountering similar disputes should promptly fix evidence such as death certificates, compensation agreements, and inspection records, and seek the intervention of professional lawyers to clarify responsibilities.

VI. Common Questions About Cases of Reduced House Values (Haunted Houses) FAQ

  1. Q: If the house I bought turns into a haunted house and the price drops, can I claim compensation?
    A:Yes. If the death of a person is caused by the fault of others or if the value of a house transaction is depreciated, the victim can claim compensation for property damage. In this case, the victim was awarded 40,000 yuan in compensation.
  2. Q: Is it considered a loss even if there's no physical damage to the haunted house?
    A:Yes. According to folk customs, it is taboo to objectively depreciate the value of a house during a transaction, which is in line with the principles of public order and good morals. The court acknowledges that the loss has occurred.
  3. Q: Who should pay compensation for the damage caused by a haunted house?
    A:The at-fault construction party and the seller. In this case, the improper gas installation by Party A and the failure of Party B to conduct acceptance inspections constitute joint infringement and joint compensation.
  4. Q: How much is the compensation typically offered for haunted houses?
    A:The court comprehensively considered the fault, the cost of purchasing the house, and local customs and practices, and determined that in this case, the compensation should be set at 40,000 yuan based on the purchase cost of 223,000 yuan.
  5. Q: How can we prove that a house is a haunted house?
    A:The fixed death certificate, compensation agreement, and witness statements prove that the death in the house was indeed an unnatural one. Based on this, the case was determined in this way.