Bus starts, passenger falls, how is liability determined?

Compiled from: Shandong High Court, Huaiyin Court
 
Case review
On September 6, 2021, Bi was riding a bus operated by Company A. Before Bi had steadied himself after boarding, the driver started the vehicle, causing Bi to fall due to the inertia of the bus's departure. He was subsequently taken to the hospital for treatment. Diagnosed with a left patellar fracture, assessed as a Grade 10 disability, Bi underwent surgery during hospitalization. Bi sued Company A in Huaiyin District Court, seeking compensation of 50,000 yuan for medical expenses, 10,000 yuan for hospitalization meal subsidies, transportation, nutrition, nursing equipment, and assistive devices, 80,000 yuan for disability compensation, 20,000 yuan for follow-up medical costs, and 150,000 yuan for mental distress damages.

 
 

Company A argued that, according to the Civil Code, the carrier is not liable if the injury is caused by the passenger's own health condition or if the carrier proves the injury resulted from the passenger's intentional or gross negligence. At the time of the incident, it was drizzling, making the ground and bus interior slippery. The plaintiff, aged 67, failed to hold on firmly after boarding, and the vehicle had just started, causing him to slip and fall. Company A claimed no intentional or negligent act on its part, asserting the plaintiff should bear full responsibility.
 
The court found that this was a dispute over an urban public transport contract. The plaintiff, having paid by card, formed a contractual relationship with the defendant. Both parties agreed on the contract's formation and validity. The dispute centered on the facts of harm and liability. Regarding harm, the court had already made findings. On liability, the defendant argued the plaintiff's injury was due to his own gross negligence, claiming he failed to steady himself before the bus started. The plaintiff disagreed, stating the bus suddenly started before he could hold on, sit, or stand steadily. A judicial appraisal report indicated that the plaintiff's left patellar fracture was directly caused by the bus's departure, with the bus being the primary factor, contributing 56% to 95% (recommended 75%) of causation. Thus, the injury was directly linked to the bus's start, with the bus as the main cause, and the plaintiff showed no intentional or gross negligence. The defendant was held fully liable for the damages.
 
Ultimately, the court ordered Company A to pay Bi 40,000 yuan for medical expenses, 10,000 yuan for meal subsidies, transportation, nutrition, nursing equipment, and assistive devices, 80,000 yuan for disability compensation, and 20,000 yuan for mental distress damages. Both parties accepted the verdict without appeal.
 
 
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.