China News Service, April 1. According to the "Shanghai Railway Transport Court" WeChat public account, recently, the Shanghai Railway Transport Court (hereinafter referred to as the "Shanghai Railway Court") concluded a dispute case involving a run-in and collision on a subway platform. Two people were involved in a collision at the same time. An accidental collision caused one of them to fall while running for the door. Who should bear the responsibility?
Case review
One morning, Li and Wang each got off the subway line 17 and planned to transfer to the nearby line 2. At this time, the door closing warning light of Line 2 has begun to flash, indicating that the door is about to close. Seeing this, both of them started running, trying to get into the car before the door closed. When they were about to reach the car door, the two collided, causing Wang to lose his balance and fall to the ground. In the end, Li failed to catch the closed subway, so he and other passengers helped Wang to rest on a seat in the station.
After learning about the incident, the subway staff rushed to the scene of the incident, dialed 120 and assisted in sending Wang to the hospital for emergency treatment. According to the doctor's diagnosis, Wang suffered a fracture of the femoral neck and the upper end of the humerus.
Soon after, Wang sued the Shanghai Railway Court, requesting that Li be compensated for medical expenses and other losses totaling RMB 333,763.65 (the following currencies are all in RMB), and that the subway company should bear supplementary compensation liability.
In this regard, the defendant Li argued that Wang's fall had nothing to do with him and disagreed with all the lawsuit claims; the subway company argued that it had fulfilled its safety guarantee obligations to Wang and disagreed with all the lawsuit claims.
After accepting the case, the handling judge carefully analyzed the two videos provided by the subway company. The video showed that the two had physical contact while running together, causing Wang to lose his balance and fall.
After hearing, the Shanghai Railway Court held that Li and Wang violated the "Shanghai Rail Transit Passenger Code" and ran to grab the door in the subway transfer platform channel at the same time. Due to physical contact, Wang fell and was injured. Both parties were responsible for this. fault. Therefore, based on the circumstances of this case, the court determined that Li and Wang should each bear 50% responsibility for the damage suffered by Wang. No water damage or other slippery conditions were found at the scene of the incident. The defendant Metro Company had fulfilled its safety protection obligations within a reasonable range. Therefore, the plaintiff’s request for the defendant Metro Company to assume supplementary liability was without legal basis and the court refused. support.
In the end, the court ruled that Li should compensate Wang for various losses totaling 119,657.66 yuan.
Judge's statement
Judge Level 3 of the Civil Tribunal of Zhenggang Shangtie Court
1. Accurately find out what happened and reasonably define the responsibilities of both parties
The key evidence in this case is two on-site surveillance videos provided by the subway company. Since both parties were running at the time of the accident, and the situation at the moment of the accident was very sudden, the judge in charge ruled out the possibility that Li knocked Wang from behind through multiple comparisons and frame-by-frame analysis, and accurately determined that the accident occurred while the two parties were running together. Mutual contact caused the plaintiff to fall, which provides a factual basis for a fair and reasonable definition of the fault and liability of both parties.
2. Passenger regulations should be followed when taking public transportation
Article 5 of the "Shanghai Rail Transit Passenger Code" stipulates that when the train door buzzer sounds, the door, screen door, and safety door warning lights are on, passengers are not allowed to forcibly get on or off the train; Article 13 stipulates that passengers should consciously abide by rail transit enterprises Service instructions regarding ticketing, security, etc., accept and cooperate with safety inspections, follow instructions for using services and emergency facilities, and obey the management of rail transit staff. In this case, warning slogans such as "Door lights are flashing, please do not get on or off" and "Better wait for a train than break through a door" have been posted at the subway safety door. At the time of the incident, the door lights of Metro Line 2 were flashing, indicating that the door was about to open. Although Wang and Li knew the above situation, they still ignored the safety risks, violated the passenger regulations and ran to grab the door at the same time, which eventually led to the accident. Passengers should consciously abide by the passenger safety regulations, traffic in a civilized manner, and travel safely when taking public transportation.
3. Establish safety awareness and ensure travel safety
When traveling in daily life, whether driving by yourself or taking public transportation, you must firmly establish safety awareness and strictly abide by traffic rules. This is not only responsible for yourself but also for others. The judge also reminded everyone that haste makes waste. If you have a weak safety awareness and only seek temporary convenience, it will easily lead to accidental risks and the gain will not be worth the loss.