Rider sues bike-sharing firm over injuries
While bicycle-sharing services lighten the burden on China’s public transportation system and make the first or final kilometers of a commute a more pleasant and healthier experience, concerns among the public over safety are emerging.
Beijing Chaoyang District People’s Court recently accepted what is said to be China’s first court case against a bicycle-sharing service provider.
A 31-year-old Beijing resident is suing Ofo, one of the country’s biggest bike-sharing companies, amid claims he was injured due to a faulty bicycle.
The man, surnamed Feng, said he rented one of Ofo’s bike sat around 9 pm on Jan 28 near the subway station at the Communication University of China.
Feng claims a faulty brake caused him to fall off the bike after about 100 meters, leaving him with six broken teeth, a fractured nose and facial abrasions.
Feng said Ofo is responsible for the upkeep of their bikes and is asking for 20,000 yuan ($2,900) in compensation to cover his medical fees, lost wages, transportation costs and mental distress.
The case is under further investigation at present, according to the court.
A spokesperson for Ofo told China Daily that the company is also investigating the case, without elaborating.
Ofo now has 15 million users in 40 cities nationwide. Dai Wei, CEO of Ofo, said the company expects to have 20 million bicycles on the streets of at least 200 cities by the end of this year, according to a Xinhua report.
Ofo, with its distinctive yellow bicycles, has 800,000 bikes throughout China, followed by Mobike with its 600,000 silver-and-orange bikes.
Zhu Wei, deputy director of the Communication Law Center at China University of Political Science and Law, said the companies are likely to have purchased insurance for such circumstances.
Zhu told China Daily that a bike-sharing company should be responsible if a rider is hurt due to the quality of their bicycles.
However, if a rider is injured as a result of breaking transportation regulations or due to individual error, insurance companies should settle claims.
“As long as the riders don’t hurt themselves on purpose, insurance companies should cover compensation claims, regardless of whether a rider has made an error of judgment,” he said.
“If an insurance company’s compensation cannot cover the entire cost of damages, the bicycle-sharing service providers are not liable to make up the difference.”
Zhu said Feng’s case would involve criminal action if the bicycle’s brake was broken on purpose by the previous user. If not, the company still might not be ultimately responsible, although it should pay advance compensation.