Compiled from The Paper
 
A bus driver let a passenger under 8 years old off before reaching the stop. After getting off, the boy was involved in an accident while crossing the road and died. Recently, the Nantong Intermediate People's Court issued a second-instance judgment in this transportation contract dispute case. Because the driver opened the door 30 meters from the stop to let the boy off, the defendant bus company was found to have not fully fulfilled its obligations under the passenger transport contract and must bear 35% of the family's losses, amounting to 207,000 yuan.

 
 

 
Case review
One day in July 2019, Fang Yun (a pseudonym), a minor from Hai'an City, Nantong, was going to his maternal grandparents' home in the countryside. His grandmother put him on the bus and instructed the driver to drop him off at a specific stop, where his grandparents would be waiting.

 

When the driver reached the agreed stop, he saw a man on the opposite side of the road waving to stop, identified as Fang Yun's grandfather. The driver stopped 30 meters from the bus stop sign and let Fang Yun off. While crossing the road, Fang Yun collided with a moving electric tricycle and died after rescue efforts failed that day. The traffic police determined that Fang Yun bore primary responsibility for the accident, while the electric tricycle owner Xu bore secondary responsibility.
 
In September 2019, Fang Yun's parents sued Xu in Hai'an Court, seeking compensation of 1.01 million yuan for medical expenses, funeral costs, and mental damages. The court ruled that Xu should bear 40% of the liability, amounting to 407,000 yuan. Due to Xu's financial difficulties, Fang Yun's parents did not receive the due compensation.
 
In November 2020, the bus company was sued in Hai'an Court, claiming that it had failed to fulfill the passenger transport contract, resulting in Fang Yun's death in an accident, and should bear liability for breach of contract, demanding compensation of nearly 440,000 yuan for medical expenses, funeral expenses, and death compensation.

The bus company argued that Fang Yun's guardianship could not be transferred to the bus company due to the transport contract relationship, and that Fang Yun had already gotten off the bus before the incident, ending the transport contract relationship, so it should not bear liability.
 
 
[1] Court Opinion
The court found that the bus company, as the carrier, had the obligation to ensure passenger safety and timely transport passengers to the agreed destination. When Fang Yun boarded the bus, a passenger transport contract was established, and at that time, the guardianship responsibilities shifted to the bus company. The bus driver, knowing Fang Yun was a minor, opened the door prematurely before reaching the stop to let him off, failing to fully fulfill the contract obligations, which was one of the contributing factors to the accident.
 
In May 2021, the court ruled that the bus company should bear liability for breach of contract, assuming 35% of the compensation for Fang Yun's parents' total losses of over 592,000 yuan, amounting to 207,000 yuan.

After the bus company appealed, the Nantong Intermediate Court reviewed the case and found that the first-instance judgment had clear facts and correct application of law, and recently dismissed the appeal.

 
 

 
Article 63 of the Regulations for the Implementation of the Road Traffic Safety Law
When a motor vehicle stops temporarily on the road, the following provisions shall be observed:
……
(6) City buses shall not pick up or drop off passengers on road sections other than designated stops.

 
 

 
[1] The author's perspective
In this case, the most controversial issue is whether the bus driver was at fault for letting the child off before reaching the stop. The author will analyze this from the following two aspects:
 
First, once the child boarded the bus, a transportation contract relationship was established between the child and the bus company. Clearly, the bus company's duty is to safely transport passengers to the fixed stops along the route. As a special mode of operation, buses must also comply with the relevant provisions of Article 63 of the "Regulations on the Implementation of the Road Traffic Safety Law," which states that "city buses shall not pick up or drop off passengers on road sections other than designated stops." In this case, the bus stopped 30 meters away from the stop to let passengers off, meaning the transportation contract was not yet fulfilled. Therefore, the bus company was at fault in this regard.
 
Second, the party involved, Fang Yun, was under eight years old and thus a person without civil capacity. As an employee of the company, the bus driver, while ensuring standard driving and safe delivery of passengers, had a duty of temporary guardianship over a child traveling alone on the bus, such as reminding the child to be careful. However, despite knowing that the child was underage and immature, the driver still let the child off at a non-designated location, ultimately leading to the tragic accident. Therefore, the bus company cannot escape liability.
 
Based on the above two points, it is clear that the bus company was at fault, with the biggest mistake being not stopping at the designated stop. This also reminds the general public not to act impulsively. Some passengers, in a hurry, may urge the driver to open the door before reaching the stop, unaware that this seemingly short distance may come at a heavy cost. After all, without rules, nothing can be accomplished, and the stable development of society requires the restraint of certain rules.