China September 15, 2017 news, today 9:30 Xu, the country's first child under the age of 12 cycling shared bike death claims, the court of first instance in Shanghai, Jingan court hearing.
In the case of Shanghai in March 26, 2017, 11 year old boy (alias: high) in the process of using ofo bus collided with death, the plaintiff requested the court to order (the boys parents) ofo small yellow car company to the plaintiff compensation for death compensation 616432 yuan and 7 million yuan compensation for moral damage.
The plaintiff pointed out that ofo small yellow car company there are three aspects of the fault. First, someone's bicycle body not any children under the age of 12 are not allowed to ride "warning signs, second, the plaintiff's agent that ofo small yellow car company mechanical lock third, there are significant security risks, the plaintiff's agent that ofo small yellow car company to manage on the bicycle in public places.
Ofo said: the victim unauthorized use of shared bicycles, damage to the property rights of ofo.
It refers to the small high without unlocking does not go to the normal process of infringement and tragedy brewing because of the small high, but because of the traffic accident died, no solid counterclaim of its infringement; mechanical lock "defects" as one concept, ofo shared lock bicycle use, is to purchase the regular manufacturers, more than 8000 sets of code combination more than 900 groups, far beyond the national standard. Therefore, the lock itself does not exist defects; the plaintiff proposed compensation of up to 7 million yuan of mental damages, in Shanghai, the provisions of the upper limit of 50 thousand yuan. The amount of compensation for mental damages advocated by the plaintiff is more than 100 times the limit.
The defendant's last article, the plaintiff said: "today the price increases, the upper limit does not apply today."". At present, the case is still under further investigation.
Now the two sides go to court to use legal weapons to defend their rights and interests, life things who also dare not complacent, we will continue to report the subsequent events. Finally, please remind the majority of children under the age of 12: please pay attention to sharing bicycles above "under 12 years of age do not ride" slogan, which is a warning in exchange for life.