Family of Boy Killed on Shared Bike Sues for $1.3 Million

The family of a boy who died under the wheels of a bus while riding on a shared bike is suing bike operator Ofo and the bus company for nearly 8.78 million yuan ($1.3 million) – a huge amount in a country where such lawsuits are relatively new.

The accident that killed the 11-year-old boy happened in March at a busy Shanghai intersection.

An accident report issued by the local police held the child and his guardians chiefly responsible. The boy was riding in the wrong direction, and traffic laws prohibit children under 12 from riding a bike on public roads. The bus driver was secondarily responsible, the report said.

However, in its lawsuit, the boy’s family maintains that Ofo’s lax management over its bikes was to blame for the tragedy — believed to be the first death involving a minor on a shared bike. Ofo didn’t respond to a request for comment.

“There were no notices or reminders telling the victim that he was barred from using the bikes. And mechanical locks are frequently left with the combination intact and thus are easily opened, and pose as a severe safety hazard,” Zhang Qianlin, the lawyer representing the boy’s family, said in a written statement to Caixin.

He added that the company was negligent in not strengthening its locks, despite news reports about children easily cracking them and injuring themselves riding bikes.

Ofo is one the largest firms in an aggressive and largely freewheeling bike-sharing war, which has made colorful two-wheelers accessible to anyone with a smartphone and an online payment account.

In this case the child hopped on a bike, which, though it had been technically locked, was easily unlatched because the combination sequence hadn’t been changed.

The family is demanding that Beijing-based Ofo recall earlier versions of its bikes that employ less-secure combination locks as opposed to smart locks opened only with a smartphone.

The unsophisticated locks, the family contends, are largely responsible for the fatal accident. They are asking for a total of 8.78 million in losses from the bus company and Ofo.

Since the boy’s death, Ofo has begun employing more sophisticated smart locks, and is placing small stickers on bikes reminding riders that they must be 12 or older.

Despite the claims of the parents, other lawyers believe that the logic does not stand from a legal perspective.

“If someone got run over riding a stolen bike, would the bike owner be held responsible?” reasoned Zhang Hong, a civil lawsuit lawyer at Longan Law firm. “Naturally the parents want someone else to blame for their neglect, and the better financed the scapegoat is, the better.”

Contact reporter April Ma (fangjingma@caixin.com)