Boy riding a shared bicycle was hit by a family member who sued ofo claiming 7.61 million

After the boy’s death on the small yellow body, his family had filed a lawsuit againsto, claiming more than 7.61 million yuan.

On September 15, 2017, the first domestic bicycle death claim for children under the age of 12 was held in the first court of the Jing'an District People's Court in Shanghai.

On April 3, 2018, the reporter learned from the Jing’an Court in Shanghai that the court had made a first-instance judgment on the case, and the insurance company paid the family of the boy more than 550,000 yuan. The family has filed a lawsuit againstof claiming more than 7.61 million yuan and is currently awaiting trial.

According to previous reports, on the afternoon of March 26, 2017, the 11-year-old Gao Tong (pseudonym) and the other three small partners successfully unlocked the ofo shared bicycles that had been locked but the passwords were not disturbed, and rode on the road. At 13:37 on the same day, when four people rode to the intersection of Tianzhu Road, Qufu Road and Zhejiang North Road, the number plate driven by Gao Tong and the driver Wang was collided with the Shanghai D57982 large bus. Gao Tong fell to the ground and from the The front side of the large passenger car was rolled into the bottom of the car, and was rescued by the hospital and died on the same day.

In July 2017, Gao Tong’s family sued Beijing’s Beijing Baike Locke Technology Co., Ltd., the driver and the car rental company and related insurance company of the company, and demanded that the defendant compensate the death compensation and moral damages totaling 8.66 million yuan. The Jing'an court was also ordered to order theo to immediately withdraw all mechanical code locks and replace them with locks that must be locked after use and that cannot be easily opened by children.

In the trial on September 15, 2017, ofo Xiaohuangqi Company believed that the accident was due to the absence of the guardian’s usual safety education and the negligence of the child’s behavior, as well as the illegality of unauthorized possession and use of other people’s property. Behavioral ideas are weak and violated traffic regulations. Gao Tong’s own responsibility shall be borne by his guardian. Ofo shall have no fault in the accident of this case and shall not be liable for compensation.

On March 6, 2018, Jing’an Court made a first-instance judgment on the case. The Ping An Property Insurance Shanghai Branch paid the high child’s family’s insurance payment for more than 110,000 yuan, and the commercial three-person insurance payment settlement amounted to 440,000 yuan, totaling 550,000 yuan. Yu Yuan. According to the court, the part of the original case involving ofo has been dealt with separately. At present, the court has accepted the case and has exchanged evidence before the court. It will be heard in court recently.

The plaintiff’s attorney had told the media that since theo was an indirect infringement in the traffic accident case, the court recommended that the ofo be removed from the case and filed separately. In February 2018, the plaintiff filed another lawsuit against Beijing's Beijing Baikeluo Technology Co., Ltd. According to the previous petition, the plaintiff requested the court to order theo Xiaohuangche Company to compensate the plaintiff for the death compensation of 610,000 yuan and the mental damages of 7 million yuan, totaling 7.61 million yuan.

Editor in charge: Zhu Ling