In recent years, fire accidents caused by illegal parking, charging, and modification of electric bicycles have occurred frequently, which has brought great threats to the safety of people's lives and property. In related accidents, it often involves multiple responsible entities such as vehicle users, battery manufacturers, vehicle sellers, and community properties. How should the relevant entities be held liable for personal and property losses caused by accidents? The Beijing Chaoyang People's Court interpreted the issue of liability in combination with typical cases.
If there is a quality problem with the battery box
Manufacturers and sellers may be held responsible
Chaoyang Court Judge Chen Xi told reporters that from past cases, many fire accidents were finally identified at the highest points located in the battery box of electric bicycles. If the cause is due to the quality of the battery box, then both the battery manufacturer and the seller of the e-bike may be liable for compensation.
The Civil Code stipulates that if the product is defective and causes damage to others, the producer shall bear tort liability. If the defective product causes damage to others, the infringed party may claim compensation from the manufacturer of the product or from the seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. "The production and sales behavior of battery manufacturers and sellers is oriented to the public and is for the purpose of profit, if they cannot ensure the safety and reliability of product quality and the strict standardization of business behavior, it will bring major hidden dangers to the public. In such cases,If the manufacturer and seller of the battery involved in the case cannot prove that the battery it produces or sells is a legally compliant and qualified product, it shall be liable for compensation for fire damage。Chen Xi said.
In a typical case, Mr. Gu, a consumer, purchased an electric bicycle from a business department and parked it in the courtyard on the first floor of his house. One night, when he was charging with a power strip, the electric car suddenly **, the fire quickly ignited the surrounding combustibles, causing injuries to the tenant Mr. Yang and others, and causing a lot of property damage. Subsequently, Mr. Yang sued the court for compensation.
According to the fire accident certificate, the first point is the battery box of the electric bicycle involved, and the fire is caused by the battery charging process. After the trial, the court held that the battery should have safe performance, the charging process is abnormal, and the battery involved in the case obviously has quality defects, so the battery seller and manufacturer should bear the corresponding responsibility. Mr. Gu charged the e-bike by means of flying cables, and did not take fire safety measures, and also stacked flammable materials such as sofas at the charging area, and should be liable for the expansion of the damage. In the end, the court ruled that the vehicle seller and the battery manufacturer were liable for 75% of Mr. Yang's losses. Mr. Gu is liable for 25% of the damages.
If the fire safety precaution obligation is not fulfilled
Properties are also responsible
If a serious fire in the community is caused by an electric bicycle**, the property company will also be liable in some cases.
In a typical case, two residents used the power strip managed by the property company to charge an electric bicycle in the stairwell, and due to the failure of the electrical wiring, the two vehicles** ignited a nearby electric bicycle. Three vehicles caught fire at the same time, causing four injuries and several property damages. Surveillance footage shows that when one of them pushed the electric bicycle into the stairwell to charge, a property officer passed by and did not stop the scene. In the end, the property company and the residents who parked the electric bicycles in the building to charge them privately were both judged to be responsible, and jointly compensated 2 million yuan for related losses, of which the property company was responsible for 30%.
Chen Xi reminded that the property company, as the person responsible for fire protection in the community, has the obligation to maintain and manage the evacuation channels, safety exits, building fire protection facilities and fire truck passages in the management area, provide fire safety prevention services, and strengthen the daily inspection of charging safety, and timely detect and stop the illegal charging of electric bicycles. If the property fails to fulfill the fire safety precaution obligation, it shall bear the corresponding liability for compensation.
Outdoor public charging
The owner is also responsible for the potential safety hazards of the vehicle
In the case of a fire accident caused by an electric bicycle fire, if the perpetrator has illegal parking, charging, modification of the vehicle, etc., he may not only be subject to administrative penalties such as fines and detention, but also may constitute a criminal offense if the circumstances are serious.
Chen Xi specially reminded that in related accidents, not only the perpetrator of illegal charging needs to be responsible, but also those who illegally park electric bicycles and cause combustion and increase fire, depending on the degree of fault, may also need to bear corresponding responsibility. "It should be noted thatEven if the public charging equipment is used outdoors to charge the e-bike, the vehicle owner should also pay attention to the safety of the vehicle, and promptly detect and eliminate vehicle faults and potential safety hazards. Otherwise, once a fire breaks out and the personal and property of others is damaged, they still need to be liable according to the degree of fault.
* Beijing ** client |Reporter Zhang Lei.
Edited by Wang Qiong.
Process Editor: Ma Xiaoshuang.