Original title: first from the age of 12 riding a shared bike death claims: ofo said no fault
China's first 12 year old child riding a bike sharing death claims case 15 in Shanghai, Jingan court hearing. The "small yellow car" to the Beijing Baikeluoke Technology Co. Ltd. (hereinafter referred to as ofo company) lawyer said that the ofo company should not assume liability.
China's first 12 year old child riding a bike sharing death claims case 15 in Shanghai, Jingan court hearing. The picture shows the plaintiff acting as attorney. Shanghai Jingan District people's court for map
On the afternoon of March 26th, ofo, a 11 year old boy and three other minors, locked the bike unlocked and rode on the road. 13 pm the same day, four day ride to Tong Road, Qufu Road, Zhejiang Road intersection, a high and the driver Wang driving license plate for Shanghai D57982 large passenger car collided, resulting in a higher ground and enter the car from the front side bus suffered extrusion, rolling, died after the hospital died on the same day.
The parents of the deceased will ofo the small yellow car accident, the insurance company together with the company to court, claims more than 866 yuan (RMB, same below).
The police issued a "road traffic accident", the driver found Shanghai Hongmao automobile leasing company Wang driving motor vehicle through the intersection traffic signal control, turn left, not observing the road, not to confirm the safety of traffic accident, the negative secondary responsibility. At the same time, the police believe that the boy under 12 years old, driving a bike on the road in reverse direction, and neglect to observe the road conditions, not recognized safety passage, the main responsibility for the accident.
China's first 12 year old child riding a bike sharing death claims case 15 in Shanghai, Jingan court hearing. The graph is "small yellow car" to the Beijing Baikeluoke Technology Co. Ltd. (hereinafter referred to as ofo company) attorney. Shanghai Jingan District people's court for map
The plaintiffs said there was a major safety hazard in the bicycle locks
Day trial site, the plaintiff attorney said, ofo 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 believes that the company's ofo mechanical lock there are significant security risks; third, the agent of the plaintiff that the ofo company for a single car on the lack of management in public places.
Plaintiffs attorney said, ofo company on the public place to open ofo shared bike neglect care, and the vehicle installed mechanical locks there is a major security risk, is the root cause of the accident. It requested the court to order the company to recover all ofo ofo mechanical locks bicycle immediately, and the replacement for more intelligent lock safety; the court ordered ofo company to the plaintiff compensation for death compensation 616432 yuan and 7 million yuan compensation for moral damage. At the same time, request to decree the driver Wang, the accident bus rental companies, insurance companies to compensate the plaintiff death compensation 493145.6 yuan, and mental compensation 500 thousand yuan.
China's first 12 year old child riding a bike sharing death claims case 15 in Shanghai, Jingan court hearing. The picture shows the scene of the trial. Shanghai Jingan District people's court for map
Ofo said the victim had unlocked the device by "abnormal means"
Ofo company attorney at the trial site said the plaintiff did not explicitly indicate which laws and regulations to sue ofo company. According to the road traffic accident identification and the Tort Liability Act and other relevant documents, in this accident, ofo company has not been held responsible, therefore, ofo company should not be liable for compensation. Ofo company also believes that the victim did not pay the appropriate costs, through unauthorized means unauthorized unlock, violated the legitimate property of ofo company, belonging to infringement.
Attorney ofo said the accident was due to the lack of safety education in the guardian on the behavior of a high regulatory oversight, as well as for unauthorized, unauthorized possession, use of property of others illegal weak ideas, caused by the illegal traffic regulations. Gao Mou's own responsibility should be borne by his guardian, ofo company in the case of the accident without any fault, should not be liable for compensation.
The trial ended at 12:30 on the same day, the court will choose sentencing. (Li Shuzhi)
A 8 million 660 thousand year old boy used a shared bike to kill a boy's parents for a claim of 11
In March, a 11 year old boy was killed when he collided with a passenger car in a shared bicycle in Shanghai. The deceased parents will ofo together with the accident side, the insurance company sued the court claims 8 million 660 thousand yuan, and asked ofo immediately recover all mechanical password locks, replaced for more secure locks.
11 year old boy riding a small yellow car was killed and continued: ofo refused to sue the plaintiff
8 morning, the Shanghai 11 year old boy riding a small yellow car was killed in the case, the court in Shanghai, Jingan before court evidence exchange, ofo company said it does not accept all claims filed by the plaintiff. This is the first domestic children under the age of 12 cycling shared bike death claims, claims amount of 8 million 660 thousand yuan. The case will be formally opened in the near future.