China's first bicycle death claim for children under the age of 12 is officially open today


China's first bicycle death claim for children under the age of 12 is officially open today

The latest news, the first domestic ofo children under the age of 12 death claims a formal hearing, the focus is on the ofo dispute whether the company has fault, the lock of the car if there are security risks and the amount of compensation, the two sides debate.

China's first bicycle death claim for children under the age of 12 is officially open today

Event restore:

In the afternoon of March 26, 2017, 11 year old Gao Yuan (alias) and three other small partners, respectively, have been locked, but the password is not disrupted, ofo shared bike successfully unlock, and riding on the road. On the same day at 13:37 PM, four days riding to Tong Road, Qufu Road, Zhejiang Road intersection, and the driver Wang driving high circular plate for the Shanghai D57982 bus collided, resulting in the high ground and into the car from the children in front of large passenger cars suffer extrusion, rolling, died after the hospital died on the same day.

In July 2017, high round parents will ofo the small yellow car accident, the insurance company together with the company to court, claims more than 866 yuan.

A week ago, the plaintiffs said that the ofo company has neglected the sharing of shared bicycles in public open spaces, and that the mechanical locks installed on the vehicle have a major security risk, which is the root cause of the accident. It requested the court to order the ofo small yellow car company to recover all ofo mechanical locks bicycle immediately, and the replacement for more intelligent lock safety; the court ordered ofo to the small yellow car company to the plaintiff compensation for death compensation 7 million yuan compensation for spiritual damage and gold 616 thousand yuan. At the same time, request to decree the driver Wang, the accident bus rental companies, insurance companies to compensate the plaintiff death compensation 493 thousand yuan, and mental compensation 500 thousand yuan.

Controversial focus:

1. car lock design defects?

"Design defects lead to danger, ofo should take responsibility", the plaintiffs believe that since since the advent of mechanical lock, there has been controversy and doubts about the defects mainly in fixed password; easy manual break; lock and lock difficult charging and no association etc.. The time of the incident, because the bicycle without the password disrupted, resulting in 4 children were untied 4 cars, this phenomenon is a design flaw, so the ofo party should bear responsibility. In addition, since January this year, a large number of media reports of ofo car lock defects caused by traffic accidents, and did not cause ofo attention, and ultimately led to the March case.

The defendant believes that ofo locks used in line with national standards, not the existence of password lock defects, but the use of people's uncivilized behavior caused by accidents, illegal vehicles. More importantly, led to the incident does not come from the lock, but from the traffic accident, "there are the other one concept of behavior. Locks and accidents, there is no causal relationship between the law, only time relations".

Interestingly, the plaintiff will also ofo investor Zhu Xiaohu earlier remarks as evidence, said Zhu Xiao Hu said in an interview, "lock vulnerability is known, that the use of locking holes, let more people develop the habit of riding, riding ofo".

In this regard, the defendant the plaintiff refute means "people interpret out of context, even if it is unlocked, we also recognize".

2. is there a drag racing?

"Children have the possibility of racing and racing," the defendant said. "According to the video, the high speed ride was 18 kilometers per hour, but it fell behind the other 3 partners.". In addition, according to the circular companion statement, then looked back at the high round, then continue to ride, it does not meet the normal behavior, if between friends riding should wait for the other, so that there was the possibility of high round racing". Therefore, the court applied for re identification.

3., the amount of compensation too much?

Previously, the plaintiff requested ofo compensation for death 616 thousand yuan, and mental damages 7 million yuan.

In court, the defendant pointed out that the mental damage compensation standard in Shanghai area should not exceed 50 thousand yuan, "the requirements of the other party is more than 100 times higher than the standard, we think it is not reasonable".

The plaintiff responded that the mental compensation was not more than 50 thousand, which was promulgated in 1999, when the per capita GDP was 27 thousand, and now more than 110 thousand. After consultation with the victim's father, the final amount of compensation was decided by the court.

4. of the parents is to bear responsibility?

The defendant believes that children under the age of 12 can't ride a bicycle on the road, it is the law, the time of the incident, the child to travel more than 1 hours, the guardian is still unaware of his talent that eventually by accident, if the guardian is not timely stop the traffic accident.

The complainant responded that the guardian should be responsible for the guardianship, but it is related to the environment. When the incident occurred, the guardian did not know the child went out, but did not realize the choice of sharing cycling. The victim's father has said, "the lock must be put forward in law, because in Shanghai suburbs and other provinces and cities, there are still many mechanical locks, bicycles, to attract attention."".

The court said the case would be pronounced on a regular basis.