How to prove in court documents that the filter in front of the counter is a “device”?

Good day. Your question did not inform us very much about the cause of your concern, but I can assume that we are talking about a bursting filter and flooding of its neighbors because of it.

It is not clear why you need to prove that this is a device. Nevertheless, let's look at Ozhegov’s dictionary: “DEVICE - A device, a special device, an apparatus for the production of some kind of n. work, management, regulation, control, computing. " The fact that the filter is a "device", we have already proven. However, you can look at this information in the passport for this type of product, I hope you saved it, as well as checks, why, we will discuss it later.

Consider the reasons why the leak occurred due to the filter:

1. Mechanical damage or violation of installation technology, wear.
2. Water hammer.
3. Poor product.

Now more about the development of events for each of these options:

1) Mechanical damage and wear - if you somehow damaged the filter by a blow or somehow led to damage to its integrity, since you are responsible for the property inside the apartment (by virtue of Article 30, paragraph 3 of the LC RF), you will not prove anything and indemnify you will have to be in full. In case of violation of the installation technology, you can call to account the company that carried out the installation, but only if you have an agreement with them and an act of delivery / acceptance of work.

My answer is confirmed by Art. 1064 of the Civil Code of the Russian Federation: “Damage caused to the person or property of a citizen is subject to compensation in full by the person who caused the harm. The person who caused the harm shall be exempted from compensation for harm if he proves that the harm was caused not through his fault. ”

2) Water hammer. In this case, you will again need a passport for your filter, where the water pressure exposure for which it is designed should be indicated. However, the device may not contain such information. In principle, you can do without it. Consider what is said in SNiP 2.04.02-84 “Water supply”: “2.28.The free pressure in the external network of drinking water for consumers should not exceed 60 m. For pressures in the network of more than 60 m for individual buildings or areas, it is necessary to install pressure regulators or zoning the water supply system. ”

60 meters is about 6 bar. Unfortunately, you will not be able to independently prove that the water hammer took place to be, but it will not be required. There are special mechanisms for this. Consider them in stages:

1. You draw up a flooding act with the Criminal Code.
2. Damage is assessed by independent appraisers if the issue is not resolved peacefully. The Federal Law No. 135 of July 29, 1998 “On Valuation Activities in the Russian Federation” is regulated.
3. You must conclude a written contract for the provision of services with the appraiser. In this case, you must notify the Criminal Code as a possible suspect of causing material damage to you and / or your neighbors. This should be a correctly drawn up document indicating the exact time, date and address, where and when the independent examination will take place and for what reason (flooding, in your case). Write that if the Criminal Code does not appear, then the inspection report will be drawn up without his presence. Take a receipt from the Criminal Code that they received a warning.
4. An independent examination will determine who was responsible for the incident.
5. Suppose, in our case, this is UK as an intermediary for a water supply provider. Next, you submit a claim, to which you attach not the original, but copies of all documents on flooding and an inspection report by an independent office (which necessarily has a license to carry out such activities). Any claim of the Criminal Code is considered up to 10 days, no more.
6. If the Criminal Code refuses to resolve the issue or there is no reaction from them, you contact the Rospotrebnadzor, the housing inspectorate or the prosecutor's office, followed by a possible trial in court.
7. Since the court is before you, if you did everything correctly, be guided by the law of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”. All losses to you should in principle be compensated, including legal costs and even non-pecuniary damage.

3) Poor product. The warranty service life of the device is indicated in its passport. Of course, you should have all documents for it, including purchase receipts. According to the law, if the manufacturer has not established a service life, it is 10 years on the condition of a factory defect or low-quality device. In paragraph No. 2, I indicated how the examination is carried out and the expert must also check the filter itself, which caused flooding. Do everything according to the same scheme.

According to the outcome of a judicial or peaceful proceeding, the store that sold you a low-quality product will reimburse you for all losses in accordance with Art. 1064 of the Civil Code of the Russian Federation, and then it will exact (if it wants) its costs from the manufacturer.