Bus starts, passenger falls, how is liability determined?

Compiled from: Shandong High Court, Huaiyin Court
 
Case review
On September 6, 2021, Bi boarded a bus operated by Company A. Before Bi had steadied himself and held on firmly, the driver started the vehicle. Bi fell due to the inertia of the bus starting and was subsequently taken to the hospital for treatment. He was diagnosed with a fracture of the left patella and was assessed as having a Grade 10 disability. He was hospitalized for surgical treatment. Bi filed a lawsuit against Company A with the Huaiyin Court, requesting that Company A compensate him for medical expenses of 50,000 yuan, hospitalization meal subsidies, transportation expenses, nutrition expenses, nursing equipment expenses, assistive device expenses, and other costs totaling 10,000 yuan, disability compensation of 80,000 yuan, follow-up diagnosis and treatment expenses of 20,000 yuan, and compensation for mental distress of 150,000 yuan, among other claims.

 
 

Company A argued that, under the Civil Code, a carrier is not liable if the injury or death is caused by the passenger’s own health condition, or if the carrier can prove that the injury or death was caused by the passenger’s intentional act or gross negligence. At the time of the accident, there was light rain, and the ground and the interior of the carriage were slippery. The plaintiff, aged 67, failed to hold on firmly or secure herself after boarding. The vehicle had just started moving, causing her to slip and fall on her own. Company A committed no intentional act or negligence in this accident, and the plaintiff should bear the corresponding liability herself.
 
The court, after trial, held: This case is a dispute over an urban public bus transport contract. In this case, the plaintiff boarded the bus by swiping a card, thereby establishing a contractual relationship with the defendant. Neither party disputes the formation or validity of the contract. The focus of the dispute in this case is the facts of the injury and the allocation of liability. Regarding the facts of the injury, findings have already been made above. Regarding the allocation of liability, the defendant argued that the plaintiff's injury was caused by the plaintiff's own gross negligence, claiming that the plaintiff failed to promptly hold on securely and stand properly, causing himself to slip and fall, and that this was unrelated to the bus starting. The plaintiff did not accept this and stated that the bus suddenly started before the plaintiff could hold on securely, stand properly, or be seated, causing the injury. Upon review, the judicial appraisal opinion issued by a professional institution states that the plaintiff's left patellar fracture is consistent with a passenger falling due to the bus starting, that this trauma has a direct causal relationship with the bus starting, that the bus side bears the primary cause, and that the causative force of the primary causal relationship is: 56%–95% (recommended 75%). Therefore, the plaintiff's injury in this case has a direct causal relationship with the bus starting, the bus side bears the primary cause, and the plaintiff did not act with intent or gross negligence. The defendant shall bear full liability for compensation for the harm suffered by the plaintiff.
 
Ultimately, upon calculation, the court ruled in accordance with the law that Company A shall compensate Bi for medical expenses of 40,000 yuan, food allowance, transportation expenses, nutrition expenses, nursing equipment expenses, auxiliary equipment expenses, and other costs totaling 10,000 yuan, disability compensation of 80,000 yuan, and solatium for mental distress of 20,000 yuan. After the judgment was rendered, both parties accepted the judgment and ceased litigation.
 
 
Civil Code of the People's Republic of China
Article 811
The carrier shall safely transport passengers and cargo to the agreed destination within the agreed or reasonable period.
 
Article 823
The carrier shall be liable for compensating the passengers for personal injury or death during the course of transport; however, this does not apply if the injury or death is caused by the passenger's own health condition, or if the carrier proves that the injury or death is caused by the passenger's intentional act or gross negligence. The preceding paragraph applies to passengers who travel without a ticket as per regulations, with a preferential ticket, or with the carrier's permission.
 
Article 996
If one party's breach of contract infringes upon the other party's personality rights and causes serious mental harm, the injured party's choice to claim liability for breach of contract shall not affect the injured party's right to claim compensation for mental damages.
 
 
[1] The author's perspective
For many people, public transportation is an important means of travel. When a passenger boards a bus, a passenger transport contract relationship is established with the carrier. Passengers injured on a bus generally claim tort liability disputes; when choosing to apply contract disputes, liability for breach of contract shall be determined comprehensively based on relevant legal provisions and the bus company's transport rules. If both parties lack clear evidence and there is significant dispute, judicial appraisal may be introduced to identify the cause of injury.
 
Thus, not only should passengers pay attention to travel safety, but bus companies should also focus on driver training, such as not starting the bus before boarding passengers are seated, and avoiding sudden braking as much as possible, to prevent passenger injuries and subsequent disputes.