On March 26 this year, an 11-year-old boy from Shanghai collided with a passenger car while using the ofo to share a bicycle, and was caught in the bottom of the car. This is the first case in the country where children are sharing a single-car body death, so it has received much attention.
Although the Ministry of Transport, the Central Propaganda Department, and the National Tourism Administration jointly issued guidance on sharing bicycles, it is expressly forbidden to provide services to children under the age of 12, but the case has not yet ended.
On the morning of September 8, the case was exchanged in court before the Jing’an court in Shanghai, and the company said that it did not accept all the claims filed by the plaintiff.
Ofo: There is no fault
According to the Beijing Youth Daily reported on September 9, in the court, the four defendants (the driver of the accident, the car rental company, the relevant insurance company, ofo) all acknowledged the fact that the plaintiff sued and the road traffic accident certificate issued by the traffic police department. 》. However, for the claim, the company disagreed with all the claims filed by the plaintiff against him.
It is worth noting that the plaintiff changed the lawsuit request, and the amount of death compensation for the ofo compensation was reduced from 60% to 50%. The total compensation amount in this case was also reduced to 8.66 million yuan from the previous 8.78 million.
Before issuing a reply, ofo Xiaohuangche Company first expressed condolences to the plaintiff’s experience, saying that the company regretted and was saddened by the traffic accident that occurred in the plaintiff’s son. For the plaintiff's request ofo to recover the mechanical code lock bicycle and replace it with a smart lock, ofo Xiaohuangqi Company believes that this does not belong to the civil litigation scope accepted by the people's court, and has no direct interest with the plaintiff.
At the same time, ofo Xiaohuang car company said that in the accident, the traffic police department determined that the driver Wang did not confirm the safe passage, and the victim was under the age of 12 illegally riding a bicycle on the road and driving in the opposite direction, and did not recognize theo Xiaohuang car company has Any liability for the accident. Ofo Xiaohuangche Company believes that the bicycles involved in the case are in normal condition and there is no fault. The company has fulfilled the obligation of “not allowed to ride under 12 years old†in the process of registration, use, publicity and promotion. And questioned the victim to unlock and ride the ofo small yellow car in an "abnormal procedure."
Plaintiff: Xiaohuang car was marked "Children are not allowed to ride" after the accident.
However, the claim of theo is not recognized by the plaintiff. According to the Beijing Youth Daily, Zhang Yulin, the attorney of the plaintiff and a senior partner of Shanghai Dabang Law Firm, said that it was because of the accident that Xiaohuangche was listed on the car that children were not allowed to ride. The yellow car company is obsessed with fulfilling its management obligations, which is the root cause of the accident. In addition, the plaintiff also issued a transcript of the public security organ to the peer Liu, showing that Liu had said that they rode the small The yellow car opened the mechanical lock by itself, did not scan the phone, and did not get the relevant password.
The Daily Economic News (micro-signal: nbdnews) was reported in July. The plaintiff in the case believed that the responsibility of the motor vehicle party in the case was there, but the cause of the accident was that the victim was under 12 years of age and the ofo was open to the public. The small yellow car in the place is neglected, and there is no warning on the bicycle vehicle that the victim is not allowed to ride; and the mechanical lock installed on the vehicle has major safety hazards. Moreover, the owner of the ofo shared bicycles, in the case of a major defect in the shared ofo shared bicycle vehicles, is also the root cause of the accident.
Wang Lei, a law professor at Peking University, said in an interview with the Daily Economic News (micro-signal: nbdnews) that the case should mainly consider three factors:
The first is whether the parents are present and whether they play the role of guardianship;
Second, whether the parents gave the children’s mobile phone and whether they opened the bicycle with their mobile phone;
The third is whether the sharing bicycle has a reminder for the use of minors. The failure of parents to fulfill their responsibilities as a guardian is the main reason for the tragedy. Of course, according to the investigation results of specific accidents, it is necessary to see if there is any violation of the Road Traffic Safety Law by motor vehicle drivers.
Zhao, the well-known IT and intellectual property lawyer, told the Daily Economics reporter:
If the child is used through a parental account, parental supervision is not in place; if it is not used in a normal order trading environment, the shared bicycle company does not have the corresponding responsibility. However, if the shared bicycle enterprise does not maintain the integrity of the bicycle equipment, the lock damage will not be repaired in time, and the shared bicycle enterprise needs to bear part of the responsibility.
There have been many cases of children riding a single body death this year.
The above case occurred on March 26 this year. An 11-year-old boy from Shanghai collided with a passenger car during a shared bicycle ride and was caught in the bottom of the car. The family took the ofo and the driver, the car rental company and the insurance company to which the vehicle belonged, and filed a claim for 8.78 million yuan.
According to the plaintiff's attorney, at noon that day, the boy and his three companions (both underage) were riding ono bicycles at 13:37 on the road at Tianzhu Road, Qufu Road, Zhejiang North Road and Shanghai Hongmao Car Rental Co., Ltd. The collision caused the boy to fall to the ground and enter the bottom of the large passenger car to be crushed and crushed. After being rescued by Shanghai Changzheng Hospital, he died on the same day.
According to the “Road Traffic Accident Certificate†issued by the Traffic Police Detachment of the Jing’an Branch of the Shanghai Public Security Bureau, it was determined that the driver of Shanghai Hongmao Car Rental Co., Ltd., driving a motor vehicle, turned to the left when crossing the intersection controlled by traffic lights. In observing the road conditions, the safety passage was not confirmed, and the secondary responsibility for the accident was negative. Jing'an District Traffic Police also believes that the boy is under 12 years of age, driving a bicycle on the road in reverse, and neglecting to observe the road conditions, did not confirm the safe passage, the main responsibility for the accident.
This case, which occurred in Shanghai in March this year, is the first case in the country where children’s car sharing single body deaths has attracted much attention. But in reality this is by no means a case.
This year, on June 18th, an accident occurred in Zhengzhou, Henan Province, where a minor was riding a small yellow car and fell to death. According to the official Weibo news of the Henan Provincial Public Security Bureau, the boy is 12 years old and has cracked the password of the mechanical lock of the small yellow car. When riding downhill, he fell and died because of the speed of the car. The small yellow car mechanical lock hole again. Raise attention.
According to the "Legal Evening News", since 2017, there have been as many as 18 accidents involving riding a shared bicycle, of which more than 60% occurred in minors, and one-third of the incident parties were under 12 years of age.
In August, with the approval of the State Council, the Ministry of Transport, the Central Propaganda Department, and the National Tourism Administration jointly gave guidance on sharing bicycles. The guidance includes: the purchase of personal accident insurance for the rider and the explicit prohibition of services for children under the age of 12.
The case in Shanghai has focused on the mechanical lock problem of ofo. Recently, the security of shared bicycle locks has once again become the focus. On September 6, at the XPwn2017 future security exploration event, two Baidu security lab security experts demonstrated the cracking of shared bicycle passwords. The security expert easily intercepts the unlock code of the ofo bicycle through a portable signal sniffing device, turning the shared bicycle into a lock-free bicycle in minutes and seconds.
Not only that, but the hacker will also use this sniffing device to trigger a bicycle upgrade, brush the pre-edited firmware without touching the bicycle, and turn the bicycle into a private mount that is permanently occupied and controlled by the hacker. The existence of this loophole not only leaves the criminals with an opportunity, but also makes the operators of shared bicycles face the threat of serious economic losses.
Ofo responded to the central network technology, expressed its gratitude to Baidu Security Lab for its concern about the security of the Internet of Things, and has been conducting technical exchanges with Baidu's relevant team on the details of the cracking. At present, the cracking method initially understood is of a technical nature, and is not applicable to daily application scenarios, and will not affect the normal operation of the ofo system and the normal use of the ofo users.
Every edited by Wang Jiaqi
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