At 9:30 p. m. on September 15th, the first case of children riding a shared bicycle killed in court in the first court of the court of Shanghai in Jingan. The plaintiff changed the claim, and the amount of claim against ofo company dropped to 8 million 660 thousand yuan from the first 8 million 780 thousand. In this regard, ofo believes that the accident "wrong is not in the lock", do not accept all the plaintiffs' claims. Trial, the mechanical lock vulnerabilities become the focus of controversy between the two sides.
The high-profile case began in March of this year. Liu Jie, a 11 year old boy from Shanghai (alias), shared a bike with ofo and crashed into a passenger car when he was retrograde on the road. He was tragically killed by a car. Subsequently, ofo mechanical lock easy crack problem was pushed to the cusp. In July this year, the parents of the deceased added ofo to the defendant, together with the accident side, car rental companies and insurance companies, told the Jingan District court.
The afternoon of September 15th, news reporters from the time the court informed sources, the Quartet issued on the fact of riding a dead and had traffic department "road traffic accident" had no objection, but the problem did not reach an agreement on the amount of compensation, the plaintiff ofo to claim 8 million 660 thousand yuan, including death compensation and spiritual damages compensation.
(before court exchange evidence, site map / interviewee)
A news reporter was issued by the Shanghai branch of Jingan traffic police detachment of the "road traffic accident", the driver Shanghai Hongmao automobile leasing company Wang, fail to observe road conditions, negative secondary responsibility of the accident. And less than 12 years of age boys, driving a bike on the road in reverse direction, the main responsibility. It is worth noting that, in the accident confirmation letter, involved in the bicycle forensic authentication in a normal state, and did not identify ofo small yellow car company responsible for the accident.
On September 15th, the plaintiff lawyer Zhang Qianlin said to the press time, the day of the incident, the victim on the side of the road to find a password lock can be directly on the small yellow car, riding together on the road and 3 buddy, the plaintiff that ofo fails to perform the obligations of management, should bear responsibility for children to ride a bike on the road.
(scene of the scene / China Youth Network)
The defendant's trial held that the accident is due to the guardian's usual lack of safety education, coupled with oversight of the child's behavior caused by negligence, and the amount of compensation is unreasonable.
In addition, the plaintiff "ofo immediately withdraw all mechanical locks and replace the lock" more security requirements, ofo believes that the plaintiff and no direct interest, and do not accept all claims of the plaintiff, and questioned the victim to "non normal procedures" in ofo small yellow car lock and riding.
(ofo sharing bike data map)
In May this year, the Department of transportation issued the "Internet rental bicycle development guidance", explicit requirements to implement the user name system registration and use, prohibited to provide services to children under the age of 12, for the user to purchase personal accident insurance and third party liability insurance.
Ofo company responded earlier media said, involving the bike does not exist any fault, the company in registration, use, publicity, promotion and other processes have done to "12 years of age children are not allowed to ride" warning obligations.
September 15th trial site, a large number of media reporters participated in the case. Up to now, the issue of how children open their bikes and whether ofo has the obligation to inform them has not been clear. Shanghai, Jingan court insider told time news, these core issues will affect the final direction of the case. The case will choose a sentencing date.
Beijing time reporter Li Yifan
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