11-year-old boy riding a small yellow body to death: ofo refused to accept all claims

11-year-old boy riding a small yellow body death case: ofo refused to accept all claims

On March 26, 2017, an 11-year-old boy collided with a passenger car while using a shared bicycle and was caught in the bottom of the vehicle. This is the first case in which a 12-year-old minor in Shanghai used a shared bicycle to die, which caused widespread concern in the society.

On July 19th, the parents of the deceased together with the ofo provider, Beijing Baikeluo Technology Co., Ltd. (hereinafter referred to aso company) appealed to the Jing'an District People's Court in Shanghai, claiming a total of 8.78 million yuan, and asked ofo to immediately recover all mechanical passwords. Lock and replace with a safer lock.

This morning, Jing’an Court held an evidence exchange hearing on the case, and ofo Company stated that it did not accept all the claims filed by the plaintiff. The case will be officially opened on the day of the election.

Event review: The boy rides an unlocked little yellow car

According to the father of the deceased, the child learned to ride a bicycle when he was eight or nine years old, but he usually does not allow the child to ride alone. For shared bicycles, the child can't register the account without the mobile phone, and the parents have not registered the account of the shared bicycle. On the same day, the child was looking for a code lock on the roadside to directly press the small yellow car, and then riding on the road with three small partners.

13:37 Xu, the boy collided with the Shanghai Hongmao Car Rental Co., Ltd. at the intersection of Tianzhu Road, Qufu Road and Zhejiang North Road, causing the boy to fall to the ground and enter the bottom of the large passenger car to be crushed and rolled. After the rescue by Shanghai Changzheng Hospital, it was invalid on the same day.

The “Road Traffic Accident Certificate” issued by Jing’an Traffic Police found that Wang Hong, the driver of Shanghai Hongmao Car Rental Co., Ltd., was driving the motor vehicle to turn left when passing the intersection controlled by traffic lights, neglecting to observe the road conditions and not confirming the safe passage. Negative responsibility for secondary accidents. The boy was under 12 years of age, driving his bicycle on the road in reverse, and neglecting to observe the road conditions. He did not confirm the safe passage and was mainly responsible for the accident.

The plaintiff's attorney had previously said in an interview with the media that the reason why he chose to sue the company was because of the small yellow car that ignored the vehicles placed in public open spaces. “The victim is under 12 years of age and should not ride on the road. But ofo puts a lot of bicycles in public, there is no warning on the APP and the body to inform the victim not to ride; and the mechanical lock installed on the vehicle needs to be on Manually disordered after the lock, does not meet the usage habits, there are major security risks."

The plaintiff’s attorney also said that the case was not only seeking compensation for the boy’s death, but also a public interest litigation. Therefore, the plaintiff required theo to immediately withdraw all mechanical code locks and replace them with safer electronic locks, hoping to avoid similar tragedies. .

On March 28th, the company issued a statement saying that it has sent a professional team to Shanghai to investigate and deal with related matters. At the same time, it said that it will develop an effective prevention mechanism to prevent the use of bicycles by minors under the age of 12 from the source, thus avoiding tragedy. Happen again. The relevant person in the Shanghai office also said in an interview with the media that in the future, when the new user is authenticated, the platform will block users under the age of 12. For the problem of easy opening of the car lock, ofo said that a new smart lock with a dynamic password has been introduced to prevent illegal use.

The reporter noticed that when the ono mobile phone APP scan code is turned on, the prompt “No bicycle ride under 12 years old” will be automatically popped up. On some bodies, similar prompt slogans are also pasted.

Ofo believes that the accident vehicle is in good condition and has no responsibility

At the evidence exchange hearing held this morning, the plaintiff adjusted the lawsuit requesting the defendant ofo to take back all the mechanical code locks and replace them with safer smart locks. At the same time, the company of Ono was ordered to pay death compensation of more than 610,000 yuan and mental damages of 7 million yuan. At the same time, the court ordered the defendant’s accident vehicle driver Wang Moumou, the defendant Hongmao Car Rental Co., Ltd. and the defendant China Ping An Property Insurance Co., Ltd. to jointly pay the plaintiff’s death compensation of 490,000 yuan, mental damages of 500,000 yuan and legal fees. 50,000 yuan.

The original defendant had no objection to the accident and responsibility of the “road traffic accident certificate” issued by the traffic police department. For the claim filed by the plaintiff, the accident vehicle driver Wang and Hongmao Car Rental Co., Ltd. stated that they did not recognize it. The defendant China Ping An Property Insurance Co., Ltd. believed that the 500,000 yuan of mental damages originally claimed was too high. The defendant ofo company expressed dissatisfaction with all the claims filed by the plaintiff, including the replacement of mechanical locks and compensation.

The ato company's attorney said that the request to share the bicycle to replace the mechanical lock is not within the scope of the civil action accepted by the people's court, and the plaintiff has no direct interest, so this request should not be supported by the court. At the same time, for the claim of 7 million yuan claimed by the plaintiff, the company believes that the company has no responsibility in this case and should not be liable for compensation.

The company of ono showed the interrogation record of the public security organ on the victim's father in court, and believed that its supervision was weak. “The victim was under 12 years of age, but he left his father’s shop after lunch at 3:00, and an accident occurred half an hour later. During the period, his father did not know the whereabouts of the victim, and the guardianship was not right.”

At the same time, a forensic certificate produced by the company showed that the brakes, steering, and locks of the small yellow car in the accident can be used normally, and there is no problem in the procurement channel of the small yellow car. Another forensic certificate proved that the victim had a speed of 18 kilometers per hour in the event of an accident, exceeding the limit of 15 kilometers per hour for non-motor vehicles. For the two appraisals, the plaintiff’s attorney stated that he had no objection to the facts.

The company pointed out that according to the surveillance video of several intersections, the victims had many illegal activities such as retrograde during the riding process and the crosswalk was not carried out. At the same time, the company clearly stated in the registration agreement that minors under the age of 12 are not allowed to ride, and the registration system also blocks the identity information of minors under the age of 12, and fulfills the obligation to inform.

According to this, the company believes that the small yellow car itself has no quality problems, and the cause of the accident is mainly due to the fault of the victim itself.

Plaintiff's Attorney: Ofo's mechanical latching is a major safety hazard

The plaintiff's attorney pointed out that according to the transcripts of the victim's father and his companions, the public security organ can prove that the victim directly opened the mechanical lock of the small yellow car, and the guardian did not have the situation of poor supervision. "The transcript shows that the victim was in a small alley in Lane 575 of Zhejiang Middle Road before riding the bicycle. The motor vehicle could not enter, so the plaintiff did not have the victim's behavior in danger." The plaintiff's attorney also said that according to his peers The transcript of the victim, the four people of the victim directly opened the shared bicycle parked on the side of the road, did not use the mobile phone to unlock, there is no crack password.

At the same time, the plaintiff's attorney presented the survey video of volunteers in Beijing, Shanghai, Guangzhou, Shenzhen, Wuhan and Chengdu on March 30, 2017. The video was notarized. “The video shows that there are a large number of shared bicycles that are not locked, or the passwords are not disordered after the locks. The volunteers have investigated 240 shared bicycles in Shanghai, of which 55 have such cases, accounting for 22.9. %." Accordingly, the plaintiff's attorney believes that ofo mechanical latching is in obvious loopholes.

The plaintiff's attorney said that according to previous media surveys and interviews with ofo's founders, it can be seen that ofo knows that mechanical latches are in security loopholes, and that in the case of repeated minors riding accidents, advertising and vehicle launches are still increasing. Inducing children to ride, there are obvious faults.

As both parties supplemented the evidence, the court will sit in court for the case.

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