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Who is responsible for the fire of the electric bicycle?

author:Yuncheng Fire Fighting

03:12 on March 27

Shaoyang, Hunan

An electric bicycle caught fire

It is understood that the cause of the fire is

Pull the flyline at night

Charge your e-bike for a long time

Cause battery overload

Who is responsible for the fire of the electric bicycle?

current

Electric bikes have become

One of the important means of transportation for people

But due to illegal parking

Charging or modifying and replacing lithium batteries in violation of regulations

The accident caused was shocking

If the e-bike catches fire

Car owners, properties, manufacturers, landlords, etc

There is a need for responsibility

Let's take a look at the following 6 typical cases

Who is responsible for the fire of the electric bicycle?

Case 1

Park your e-bike in the stairwell

A fine of $850 was imposed

Who is responsible for the fire of the electric bicycle?

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.

Case 2

Bring the battery home to charge it and start a fire

10 days of administrative detention

Who is responsible for the fire of the electric bicycle?

On February 22, 2024, a fire broke out on the 27th floor of a high-rise residential community in Tongzhou District, Beijing. 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.

Case 3

Illegally bring the battery home for storage, causing a fire

Administrative detention for 12 days

Who is responsible for the fire of the electric bicycle?

On January 4, 2024, a fire broke out in a residential community in Fangshan District, Beijing. After investigation, 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, Paragraph 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.

Case 4

Failure to stop illegal charging caused by fire

Both the property and the owner are responsible

At midnight on October 28, 2021, a fire broke out in the stairwell on the first floor of a community in Zhejiang Province, causing three electric bicycles parked on the side of the staircase and elevator accessories and switches in the stairwell to be burned. The investigation results show that the cause of the fire accident involved in the case was that Xu and Chen, who lived in the community, used the power strip managed by the property company to charge the electric bicycle, which led to the failure of the electrical circuit, igniting the two vehicles, and then igniting the electric bicycle that Hu used to charge with the plug-in board of the weak current box next to it, and the three electric bicycles caught fire, thus causing a fire. 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%, Chen and Zhu jointly bear 30%, and Hu bears 10%.

Case 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 in Chenzhou City, Hunan Province, 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 bicycle in the house and 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 bicycle batteries by criminal suspects Liu and Zhou, which met the prosecution standards for fire cases.

The court ruled that the defendant Liu was guilty of arson and was sentenced to three years and six months imprisonment in accordance with law; Defendant Zhou was sentenced to three years imprisonment with a three-year suspended sentence in accordance with law.

Case 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 was negligent in the management of his rental house with fire escape hazards, resulting in a fire during the charging of the electric bicycle with the battery installed by the tenant without permission; Tenant Liu had a weak sense of safety and failed to fulfill his duty of safety care, so he modified the battery of the electric bicycle 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.

Electric bicycle fire accidents are frequent

Then if the e-bike catches fire

Owners of individuals, community properties, electric bicycle manufacturers

Who's to blame?

If the fire is caused by a defect or quality problem in the electric vehicle itself, the owner is not responsible. The victim can claim compensation from the manufacturer or seller of the electric vehicle.

If the owner, user, or manager of the electric vehicle is at fault when using the car, such as illegal indoor charging that causes a fire, the owner needs to bear the main liability for compensation.

If it is a property in the community, there is negligence in safety management. For example, if the owner of the vehicle fails to dissuade illegal parking and charging in a timely manner, and fails to fulfill the safety guarantee obligation, the property must also bear the corresponding supplementary responsibility.

Who is responsible for the fire of the electric bicycle?

To avoid accidents caused by electric bicycles

Owners of individuals, community properties, manufacturers

They should all do their duty

Who is responsible for the fire of the electric bicycle?

01

The owner of the car personally

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 e-bikes in corridors, stairwells, evacuation passages and safety exits in the building, 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, short circuit and other failures of the charging facilities, which may cause fire accidents.

02

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 cleanup of illegal parking and charging of electric vehicles found during inspections; Those who refuse to clean up should report to the fire department of the public security organ or the public security police station. 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.

03

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.

If the electric bicycle is not used in a standardized manner

There will be great security risks

To protect the safety of one's own life and property and that of others

Be sure to use your e-bike safely and correctly

A guide to the safe use of electric vehicles has been prepared for you

Check it out!

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Who is responsible for the fire of the electric bicycle?
Who is responsible for the fire of the electric bicycle?
Who is responsible for the fire of the electric bicycle?
Who is responsible for the fire of the electric bicycle?
Who is responsible for the fire of the electric bicycle?
Who is responsible for the fire of the electric bicycle?

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