After the courier guy parked the car
Leave without pulling out the key
The vehicle was started by the "bear child".
Hit and hurt your grandfather
Case review
On June 14, 2023, when Deng parked the electric three-wheeled express vehicle at the door of the shop downstairs in the community to deliver the express mail, he did not pull out the car key and the vehicle was not powered off.
Chen was buying goods at the shop, and his grandson Xiaofei was playing in front of the store. Xiaofei climbed onto the electric tricycle that was not powered off, and then twisted the handle to make the tricycle start, Chen was injured when he saw this, and was sent to the hospital for treatment. Due to the failure of the negotiation on the issue of compensation, Chen sued the court.
Heard by the courts
After trial, the Le'an County People's Court held that Chen's failure to fulfill his duty of care and care for his grandson was the main cause of the damage, and Chen himself should bear the main responsibility. When Deng delivered the express, he did not pull out the car key and did not leave the electric tricycle in a power-off state, and there was a certain fault for Chen's loss. According to the circumstances of Chen and Deng's fault, the court decided that Deng should bear 30% of the responsibility in accordance with the law. After many times of communication, the parties reached a mediation agreement: Deng will compensate 2,500 yuan, Deng's company will compensate 2,000 yuan, and the insurance company insured by the express car will compensate 15,000 yuan.
Links to legal provisions
Civil Code of the People's Republic of China
Article 1165:1:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability.
Article 1191.1 Where a staff member of an employer causes harm to others as a result of performing his or her work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.
Article 1213 Where damage is caused by a traffic accident involving a motor vehicle and is the responsibility of the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall of the part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
When the majority of drivers leave the vehicle, they should turn off the vehicle and pull out the key to avoid serious accidents. As guardians of children, parents should take good care of and educate their children, teach them to stay away from all kinds of dangers, improve safety awareness, and prevent accidents.
Source: Jiangxi Court, Comprehensive Le'an Court