The first case of a bicycle death claim for children under the age of 12 in China was held in the Jing’an court in Shanghai on the 15th. The defendant “Xiaohuangqi†Beijing Baikeluo Technology Co., Ltd. (hereinafter referred to aso company) said that the company should not be responsible for accident compensation.
On the afternoon of March 26, the 11-year-old boy Gao and the other three minors unlocked the ono shared bicycles that had been locked but did not disturb the mechanical lock password and rode on the road. At about 13 o'clock on the same day, when four people rode to the intersection of Tianzhu Road, Qufu Road and Zhejiang North Road, the number plate driven by Gao and the driver Wang was collided with the Shanghai D57982 large bus, causing Gao to fall to the ground and from the large The front side of the passenger car entered the bottom of the vehicle and was crushed and rolled. After being rescued by the hospital, it was invalid and died on the same day.
The parents of the deceased too the small yellow car company together with the party and the insurance company to the court, claiming more than 8.66 million yuan (RMB, the same below).
The "Road Traffic Accident Certificate" issued by the police found that Wang Hong, the driver of Shanghai Hongmao Car Rental Co., Ltd., was driving the motor vehicle at the intersection controlled by traffic lights and turned to the left, neglecting to observe the road conditions, and did not confirm the safe passage. Negative responsibility for secondary accidents. At the same time, the police believe that the boy was under 12 years of age, driving his bicycle on the road in reverse, and neglecting to observe the road conditions, did not confirm the safe passage, the main responsibility for the accident.
The plaintiff claimed that the bicycle mechanical latch was in a major safety hazard
On the day of the trial, the plaintiff's attorney said that the company had three faults. First, there is no warning sign about the "children under the age of 12 are not allowed to ride" on the bicycle involved; second, the plaintiff agent believes that the mechanical locking of the company is a major safety hazard; third, the plaintiff agent thinks of the company For bicycles placed in public places, management is neglected.
The plaintiff's attorney said that the company of theo shared bicycles in public open spaces was neglected, and the mechanical locks installed on the vehicles were a major safety hazard, which was the root cause of the accident. Therefore, the court was ordered to order the company to immediately take back all of the mechanical locks and replace them with safer locks. The company ordered the company to compensate the plaintiff for the death penalty of 616,432 yuan and the mental damages of 7 million yuan. At the same time, it was requested to order the driver Wang, the passenger car rental company and the insurance company to compensate the plaintiff for the death compensation of 49,3145.6 yuan and the mental compensation of 500,000 yuan.
Ofo company claims that the victim unlocked with "unusual means"
The ato company attorney said at the trial site that the plaintiff did not clearly state which law and lawsuit was filed against the company. According to the road traffic accident identification and the Tort Liability Law and other relevant documents, the company was not found responsible in this accident, so the company should not be liable for compensation. Ato also believes that the victim violated the legal property of the company by infringing the illegal property without paying the corresponding fee, which is an infringement.
The ato company's attorney said that the accident was caused by the lack of security education of the guardian and the negligence of Gao's behavior, as well as the ideological and illegal behavior of unauthorised, unauthorized possession and use of other people's property, and illegal traffic regulations. Gao’s own responsibility shall be borne by his guardian, and the company shall have no fault in the accident of this case and shall not be liable for compensation.
The trial ended at 12:30 on the same day and the court will pronounce the sentence.
(Editor: Xu Xiaoyan)
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