The nation's first large-scale claim for the death of a boy under the age of 12 in an ofo car accident: the defendant compensated more than 67,000 yuan
This morning (June 12), the Jing’an District People’s Court of Shanghai made a first-instance judgment on the country’s first death case of a 12-year-old boy Xiao Gao riding ofo shared bicycle. The defendant, Beijing Baker Rock Technology Co., Ltd., should pay two plaintiff Xiao Gao’s parents The compensation amount was more than 67,000 yuan, and the remaining claims of the two plaintiffs were rejected.
Case review
On the afternoon of March 26, 2017, when Xiaogao, who was in the fourth grade of elementary school, and three friends were playing near an alley in Shanghai, the four people each unlocked an ofo shared bicycle without scanning the code through the APP program to obtain the password. Then ride on the road.
Xiao Gao rode back and forth along Tiantong's route from east to west. At 13:37, when he rode to the intersection of Tiantong Road, Qufu Road, and Zhejiang North Road, he collided with a large bus driven by Wang Mou, Xiao Gao fell to the ground and entered the bottom of the bus from the front side of the large bus. Pressure, after the hospital rescue is invalid to the day of death.
The traffic police department issued the "Road Traffic Accident Certificate", which determined that the bus driver Wang was negligent in observing the road conditions when turning left, Xiao Gao under the age of 12 was driving bicycles on the road in reverse, and was negligent in observing the road conditions. Both behaviors violated " In the Road Traffic Safety Law, Wang was the secondary responsibility for the accident, and Xiao Gao was primarily responsible for the accident.
Xiaogao’s parents believe that Xiaogao is under 12 years old. Because of the negligent management of ofo shared bicycles placed in public open spaces, and the password of the mechanical lock installed on the vehicle is fixed, it is easy to be cracked manually and locked after use. The procedure did not comply with the habit and the unlocking rate was high. At the same time, the body did not post warning signs that minors under 12 years of age were not allowed to ride. There were major safety hazards that caused the accident. In July of the same year, Xiaogao’s parents filed a complaint with the Shanghai Jing’an Court, requesting that the defendant Beclock should immediately withdraw all ofo’s mechanical coded lock bicycles and replace them with safer smart locks. At the same time, he requested the defendant Beclock and the passenger car The driver Wangmou (later the passenger bus rental company agreed to bear all the responsibilities of the driver Wangmou, and the two plaintiffs withdrew the prosecution against Wangmou) and his employer, the bus rental company and related insurance companies, paid a total of more than 8.6 million yuan in economic losses.
Court hearing
After accepting the case, the Shanghai Jing’an Court considered that the dispute between Xiao Gao and the motor vehicle party involved in the road traffic accident and the right to life dispute with the Baker Lock Company belong to different legal relationships, and also in order to obtain as soon as possible. After the court explained the traffic accident insurance compensation payment, Xiao Gao’s parents stated that in this case, the issue of traffic accident compensation would be dealt with first, and then another lawsuit would be prosecuted to resolve the dispute with Bakerlock.
On March 6, 2018, the court made a judgment on the traffic accident compensation case, ruling that the motor vehicle party responsible for the accident was responsible for 40% of the compensation liability, and the defendant insurance company assumed the corresponding compensation liability within the scope of insurance liability, and compensated Xiao Gao’s parents for more than 550,000 Yuan (including 20,000 yuan for mental damage relief). At present, the judgment has come into effect, and Xiao Gao’s parents have received corresponding compensation for traffic accidents.
At the same time, Xiaogao’s parents filed a lawsuit against the right of life to the court of Bocklock and demanded that the company be ordered to immediately withdraw all ofo’s mechanical locks and replace them with smarter locks; The plaintiff compensated more than 600,000 yuan for death compensation, etc.; the two plaintiffs were compensated 7 million yuan for mental damages.
Two major controversies
1. Does the accused Baker Locke have a fault for the victim's death due to a traffic accident?
Xiaogao’s parents believe that the relevant administrative regulations clearly stipulate that driving bicycles on the road must be at least 12 years old, and the victim should not be under 12 years old. They should not ride bicycles on the road, but Baker Locke puts a lot of bicycles in public places, APP, There are no warning signs on the body to inform the victim not to ride, plus the mechanical lock is easy to be cracked by hand, and it is easy to avoid the use of the APP program, which has potential safety hazards.
The defendant Bakerlock believed that the various functional devices and brake systems on the day of the bicycle incident were in a normal state, that there were no defects in the vehicle, and that the APP registration agreement specifically reminded users not to use bicycles under the age of 12, and the defendant had no fault.
The Shanghai Jing’an Court held that the defendant Beclock was at fault for the victim Xiao Gao’s death in a traffic accident. Baker Locke has not fulfilled its reasonable management obligations regarding the ofo shared bicycles it has launched. This obligation not only ensures that the quality of vehicles placed in public places is qualified, that is, the functions of vehicle components and devices are in a normal state, but also includes the adoption of necessary Technical measures to conduct qualification audits of vehicle users. Specifically in this case, it means that under reasonable measures to ensure the normal circulation of its vehicles, unspecified minors in the public areas of the city under the age of 12 cannot obtain vehicles for riding in the usual way, but the involved ofo shared bicycles The design of the locks has not reached the effective resistance but the minors under the age of 12 use the reasonable standards of their vehicles according to the usual method, so the Baker Locke Company is at fault for the occurrence of the death of the victim of the ofo shared bicycle caused by the traffic accident.
2. Is there a causal relationship between the defendant Baker Locke’s unmanageable management obligations for his vehicle and the victim’s death due to a traffic accident?
Xiao Gao’s parents believe that the negligent management of the vehicles put on by Bocklock is one of the reasons for the minor Xiao Gao’s traffic accidents, so he should bear the corresponding liability for the damage caused by Xiao Gao’s death.
The defendant, Becklock, believed that the company was not at fault and that Xiao Gao’s death was caused by a road traffic accident. The court has determined that the motor vehicle party responsible for the accident is responsible for 40% of the compensation, and the remaining 60% of the loss should be borne by the victim.
The Shanghai Jing’an Court held that although the motor vehicle that caused the accident in this case directly led to the death of the victim, the defendant Baker Locke was at fault for the management obligations of the ofo shared bicycle involved in the case, which caused the victim to easily obtain the involved ofo sharing Bicycles increase the risk of victims being injured by road traffic accidents, and ultimately, the consequences of damage actually occur. Therefore, there is a cause-and-effect relationship between the defendant Baker Locke’s unreasonable management obligations and the death of the victim in a traffic accident on ofo shared bicycle.
Sentencing today-bike-sharing companies and guardians should bear corresponding responsibilities
This morning (June 12), the Shanghai Jingan Court made its first judgment.
The court held that Becrock should bear the corresponding tort liability for the consequences of Xiao Gao’s death due to traffic accidents. However, as the guardians of Xiao Gao, the two plaintiffs performed their guardianship duties such as Xiao Gao’s daily behavior teaching, traffic safety education and supervision and protection. There is a serious fault. Xiaogao’s behavior is the unauthorized use of other people’s property. At the same time, as a minor under the age of 12 riding a bicycle on the road, there are also reverse riding, negligent observation of road conditions, and failure to ensure safe driving. As the parents of Xiaogao, the two plaintiffs lacked in the formation of correct moral concepts of public and private property for the cultivation of Xiaogao, as well as the enhancement of daily family education such as daily safety and awareness of rules.
Considering that the Internet bike rental service that Baker Locke was engaged in was an emerging industry at the time of the incident, the company's management obligations, service levels and ability to meet the needs of the public are all in the process of continuous exploration and improvement, and comprehensive consideration The accused Baker Locke’s fault degree in the damage consequences of this case and the causal force between its faulty behavior and the damage consequences, the Shanghai Jing’an Court decided that the defendant Baker Locke should bear the losses of the two plaintiffs’ previous cases without compensation for the damage caused by the traffic accident. The 10% compensation liability is more than RMB 67,000.
Since the compensation for the traffic accident in the previous case has confirmed that the loss of the victim’s side includes a mental damages compensation of 20,000 yuan, and the two plaintiffs have been compensated, the two plaintiffs again request Baker Locke to compensate the mental damages compensation of 7 million yuan. The appeal, lack of facts and legal basis, the court will not support it.
In addition, with regard to the two plaintiffs' request that the defendant Beclock Company take back all mechanical locks ofo shared bicycles and replace the locks, the Shanghai Jingan Court held that the mechanical locks ofo shared bicycles released by Beclock Company were intended for use by unspecified objects. The launch of this type of shared bicycle is related to whether the public interest is damaged. The two plaintiffs’ claims are aimed at the public interest. Now the two plaintiffs, as individuals, advocate this claim in this case, which lacks legal basis and therefore does not support it.
(CCTV reporter Zeng Xiaolei Li Hongye Jin Yidan)