At present, electric bicycles have become one of the important tools for people to travel, but the accidents caused by illegal parking, illegal charging or modification, and replacement of lithium batteries are shocking. Recently, Beijing has reported a number of penalty cases, and the editor has summarized the following 6 typical situations, and today we will use the case to understand the responsibilities that different groups such as car owners, property owners, sellers, and landlords need to bear.
Scenario 1
Park your e-bike in the stairwell
A fine of 850
Recently, the fire and rescue detachment of Beijing Economic Development Zone went deep into the residential area under its jurisdiction to carry out fire safety inspections. In a high-rise residential building in CTS Yifu Community, Sihai Road, Yinghai Town, a resident parked his electric bicycle in the stairwell outside his house for convenience, and refused to rectify it, and the fire supervision and law enforcement personnel decided to impose an administrative penalty of 850 yuan on him.
Scenario 2
Bring the battery home to charge it and start a fire
10 days of administrative detention
On February 22, 2024, a fire broke out on the 27th floor of a high-rise residential community in Tongzhou District. After investigation, the fire was caused by a sudden failure when the residents on this floor carried the electric bicycle battery home to charge it without permission.
In accordance with the provisions of Article 64, Paragraph 2 of the Fire Protection Law of the People's Republic of China, the Tongzhou District Public Security Bureau imposed an administrative penalty of 10 days of administrative detention on the party who caused the fire due to negligence.
Scenario 3
Illegally bring the battery home for storage, causing a fire
Administrative detention for 12 days
On January 4, 2024, a fire broke out in a residential community in Fangshan District. After investigation, the cause of the fire was caused by the sudden failure of the electric bicycle battery stored in the living room of the party in violation of regulations.
The Fangshan District Fire and Rescue Detachment and the District Public Security Branch investigated and collected evidence, and in accordance with the provisions of Article 64 (2) of the Fire Protection Law of the People's Republic of China, the party who caused the fire by negligence was given an administrative punishment of 12 days of administrative detention.
Scenario 4
Failure to stop illegal charging caused by fire
Both the property and the owner are responsible
Residents Xu and Zhu used the power strip managed by the property company to charge the electric bicycle, due to the failure of the electrical wiring, the two cars burned, and then ignited the electric bicycle of Hu who used the weak current box plug-in board to charge nearby, and the three vehicles caught fire at the same time, causing 4 injuries and property damage. The surveillance video shows that Zhu pushed Chen's electric bicycle into the stairwell to charge, and some property company staff passed by the scene and did not stop it.
The court ordered the defendants to compensate the four injured persons for personal injuries and family property losses totaling more than 200 yuan. Among them, the community property company and Xu each bear 30% of the responsibility, Chen and Zhu jointly bear 30%, and Hu bears 10%.
Scenario 5
Illegally modified batteries cause fires
One was sentenced to three years and six months, and one was sentenced to three years
On April 16, 2022, a fire broke out in a house, resulting in casualties. After the incident, the fire and rescue brigade jointly launched a fire accident investigation with multiple departments, and determined that the cause of the fire was the failure of the lithium battery of the electric motorcycle in the civil house, which ignited the surrounding combustibles. The original lead-acid battery of this electric bicycle was later modified to a lithium battery, which caused the battery compartment to lose its own sealing function, causing the internal fault of the lithium battery to catch fire. According to the investigation results, the fire was caused by the illegal modification of electric vehicle batteries by criminal suspects Liu and Zhou, which met the prosecution standards for fire cases.
The court ruled that defendant Liu was guilty of arson and was sentenced to three years and six months imprisonment in accordance with law, and defendant Zhou was sentenced to three years imprisonment with a three-year probation.
Scenario 6
The landlord was negligent, and the tenant's e-bike caused a fire that killed people
The landlord and tenant were each sentenced to one year and four months
One day in 2019, the tenant Liu parked his electric bicycle with an "energizing battery" on the first floor of the staircase to charge. At about 1:40 a.m. the next day, the electric bicycle had an electrical wiring failure, causing a fire, resulting in one death, three burns, and some property at the scene was burned.
Based on the analysis of the case, the landlord Zhou neglected to manage his rental house with fire escape hazards, resulting in a fire during the charging of an electric vehicle with a battery installed by the tenant without permission, and the tenant Liu had a weak sense of safety and failed to fulfill his duty of safety care, so he modified the electric bicycle battery and charged it in violation of regulations, causing a fire. The court finally convicted the landlord Zhou of the crime of arson and sentenced him to one year and four months in prison, and the tenant Liu was sentenced to one year and four months in prison with a suspended sentence of one year and six months.
In the event of an electric vehicle fire
The responsibility of the owner's personal owner, community property, and electric vehicle manufacturer
Who is responsible?
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Criminal Law of the People's Republic of China
Article 115 Whoever causes serious injury or death to a person or causes major damage to public or private property by arson or other dangerous means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death;
Civil Code of the People's Republic of China
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.
Article 1172:Where two or more persons separately commit tortious acts causing the same harm, and the extent of responsibility can be determined, each of them bears corresponding responsibility;
Article 1202: If a defective product causes damage to others, the manufacturer shall bear tort liability.
Article 1203: Where a defective product causes damage to others, the infringed party may request 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. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.
Fire Protection Law of the People's Republic of China
Article 64 Whoever commits any of the following acts in violation of the provisions of this Law, which does not constitute a crime, shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 500 yuan; if the circumstances are more minor, he shall be given a warning or a fine of not more than 500 yuan; he instructs or forces others to violate fire safety regulations and work at risk; he causes a fire by negligence; he obstructs the alarm after a fire breaks out, or the personnel responsible for reporting fail to report to the police in a timely manner; he disrupts the order of the fire scene, or refuses to carry out the command of the commander at the fire scene, affecting the fire fighting and rescue; he intentionally destroys or falsifies the fire scene; he unpacks or uses a place that has been sealed by the fire and rescue organization without authorization, partial.
Product Quality Law of the People's Republic of China
Article 41 If the defective product causes damage to persons or property other than the defective product, the producer shall be liable for compensation. The producer shall not be liable for compensation if it can prove that it has any of the following circumstances: the product has not been put into circulation, the defect causing the damage did not exist when the product was put into circulation, and the existence of the defect could not have been discovered at the level of science and technology at the time the product was put into circulation.
Article 42 If the product is defective due to the fault of the seller, causing damage to the person or property of others, the seller shall be liable for compensation. If the seller cannot identify the manufacturer of the defective product or the supplier of the defective product, the seller shall be liable for compensation.
Article 49 Anyone who produces or sells a product that does not conform to the national or industry standards for safeguarding human health and the safety of persons and property shall be ordered to stop production or sale, confiscate the illegally produced or sold product, and impose a fine of not less than three times the equivalent value of the illegally produced or sold product (including sold and unsold products, the same below);
Regulations on Fire Safety Management of High-rise Civil Buildings
Article 37: It is forbidden to park or charge electric bicycles in public foyers, evacuation walkways, stairwells, and safety exits of high-rise civil buildings.
Encourage the establishment of centralized storage and charging places for electric bicycles in high-rise residential areas. The storage and charging places for electric bicycles shall be set up independently and at a safe distance from high-rise civil buildings;
The storage and charging places for electric bicycles shall be equipped with necessary fire-fighting equipment, and the charging facilities shall be equipped with automatic power-off functions.
Article 47 In violation of these provisions, any of the following acts shall be ordered by the fire and rescue agency to make corrections, and a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed on business units and individuals, and a fine of not less than 500 yuan but not more than 1,000 yuan shall be imposed on non-business units and individuals: (7) parking electric bicycles or charging electric bicycles in the public foyers, evacuation walkways, stairwells, and safety exits of high-rise civil buildings, and refusing to make corrections.
E-bikes are safely parked and charged
The responsibility of the owner's personal owner, community property, and electric vehicle manufacturer
What should be done?
The owner of the car personally
In the event of a fire on an e-bike, if the perpetrator's actions result in a fire, there may be multiple administrative liabilities.
The perpetrator of illegal charging shall bear the corresponding responsibility, and if the illegal parking of the electric bicycle causes combustion and increases the fire, it may also bear the corresponding responsibility depending on the degree of fault.
Even e-bike owners who park their e-bikes in public charging sheds should pay attention to the safety of their e-bikes, and promptly discover and eliminate vehicle faults and potential safety hazards. Otherwise, if it causes a fire and causes damage to the personal and property of others, it will also be liable according to the degree of fault.
Owners and users of electric bicycles should place electric bicycles or batteries in centralized charging facilities, and do not park and charge them in residential buildings (including buildings and indoors); do not park electric bicycles in corridors, stairwells, evacuation passages and safety exits in buildings, and it is strictly forbidden to park or charge in the above public areas; do not buy and use non-standard and over-standard electric bicycles; do not modify batteries or buy second-hand batteries in violation of regulations; avoid overcharging for a long time to prevent overheating of charging facilities. Faults such as short circuits, which in turn lead to fire accidents.
Property service companies
The Ministry of Public Security's "Notice on Regulating the Parking and Charging of Electric Vehicles and Strengthening Fire Prevention" stipulates that property service enterprises, competent units, villagers' committees and residents' committees shall stop and organize clean-up of electric vehicles found to be illegally parked and charged during inspections;
As the person responsible for fire protection in the community, the property company shall maintain and manage the evacuation channels, safety exits, building fire protection facilities and fire truck passages in the management area, and provide fire safety prevention services.
Property service enterprises should take corresponding measures, such as stopping illegal parking and charging behaviors such as bringing batteries into elevators and parking electric bicycles into corridors, and carry out daily maintenance and management of evacuation channels, safety exits, building fire protection facilities and fire truck passages in the management area. At the same time, fire extinguishers and other fire-fighting facilities must be installed in places prone to fire, such as electric bicycle carports, and weak current boxes must be locked to fulfill fire safety prevention obligations. Otherwise, in the event of a fire accident, the property management company shall bear the corresponding liability for compensation.
Electric bicycle battery manufacturer and operator
The production and sales behavior of battery manufacturers and sellers is for the public and for the purpose of profit, and 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. Electric bicycle battery manufacturers and operators should strengthen quality control management, improve production technology, and ensure product quality and safety. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation. Therefore, 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.
Avoid electric vehicle fire accidents
Please check this safe usage guide