A Research On Liability For Damages Caused By Shared Bicycles Riding

In recent years,a large number of shared bicycles and motorcycles of various brands have appeared,and bicycle companies have also continuously upgraded the vehicles they put in,providing convenience for people to travel.However,accidents in shared bicycle riding are also increasing day by day,and a series of legal issues have gradually become prominent,of which the most concerned is the issue of the liability of the injured party.As a new type of Internet time-sharing rental shared transportation,there are many forms of damage caused by shared bicycle riding accidents,and the subject of responsibility and responsibility under the complex legal relationship have put forward higher requirements for judges.The generality of legislation,the diversity of accidents,and the difference in court discretion have led to problems such as inconsistent identification of responsible subjects,inconsistent forms of responsibility assumptions of various subjects,and insufficient reasoning in some judgments.Therefore,based on the analysis of the referee,the subject of responsibility and responsibility in the shared bicycle riding accident are discussed,in order to provide suggestions for the determination of the liability for damages in future riding accidents.Shared bicycle riding accidents can be roughly divided into third-party damage accidents caused by the quality of the bicycle and multiple faults;and third-party damage accidents caused by the user,the quality of the bicycle and multiple faults.The responsible subjects for the damage to the user include the third party and the operator,some of which involve producers,insurance companies and other platforms.It is worth discussing whether the operator and the producer should be the responsible subjects in the case of the case;the damage to the third party involves the user,The guardian,the operator and the unrelated third party,the dispute is whether the operator and the insurance company should be the responsible subjects in the multi-party behavior.For the damage to the user,each subject shall be liable according to the fault,and the insurance company shall pay according to the contract.However,in the case of multiple faults,the form and specific sharing of the liability of the operator,the third party and the user are worth discussing;The operator shall be liable according to fault,while the responsibility of the guardian of the minor user and the specific sharing of responsibilities between the user and the operator are not clear.The third party who violates the rules or maliciously destroys the bicycle shall be held responsible when the riding causes damage to the user;the operator has the obligation to ensure safety,and shall be held responsible for its inaction or damage caused by the rental property;if the user is a minor,To determine whether the operator is the subject of responsibility,it is necessary to judge whether it has fulfilled the obligation of prompting management;the manufacturer should be the subject of responsibility when the damage is caused by the inherent defects of the bicycle;the insurance company has no legal relationship with the damage,so it is not the subject of responsibility;,the user shall be held responsible for the damage caused by riding,and the guardian shall bear the responsibility of the guardian if he fails to perform his duty of guardianship;if there is causal force between the acts of other third parties and the damage,he shall bear the tort liability;if the bicycle provided by the operator has quality problems,the Failure to fulfill the security management obligations shall be the subject of responsibility.If the damage is caused only by the fault of the third party,the third party shall bear the sole responsibility;the damage caused only by the quality problem of the bicycle,the operator,as the operator and the seller,shall bear the liability for breach of contract or tort without fault;both the user and the third party When there is a fault,if there is no quality problem,the third party shall be held responsible according to the degree of fault.If the user rides under the age of 1,the responsibility of the operator and the third party can be reduced,and the two shall bear the responsibility according to their share;When three persons infringe,the user shall be responsible for the loss;if there is a quality problem and the user is under the age of riding,the operator shall not be liable for breach of contract but shall bear the no-fault tort liability;if the bicycle has quality problems,the operator and the third party shall Take responsibility by share.In the event of damage to a third party,the user shall bear the responsibility for fault,and the minor user shall bear the responsibility within his/her guardian according to the circumstances;only in the case of damage caused by the quality of the bicycle,the operator shall bear the tort liability and may claim compensation from the manufacturer;When both the third party and the operator are at fault,if there is a direct causal relationship between the behavior of the user and the operator and the damage,the two shall be jointly and severally liable;If the person is at fault,the responsibility of the two can be appropriately mitigated.