This year on April 26, mr Zhang rides citizen of area of Guangzhou white cloud a dynamoelectric balance car, balance car cuts off the power suddenly after n calls the police for some time, he rectifies an individual to attack, bring about double genu abrade. Before this, because drive a customer that balance a car and gets hurt,not be in a few, the safe problem that balances a car causes the public to take seriously.
South the reporter consults, the national level of dynamoelectric balance car rose to be carried out formally on January 1, 2018. How does consumer buy the balance car that accords with national level to, ride to balance a car how to avoid to encounter as similar as Mr Zhang case all right, if encounter hind should how does thought for the time being? From the case of Mr Zhang, can find probably therein the answer.
Use balance car for the first time, break conductance suddenly to send fall
On April 14, live in Mr Zhang with street lake of white cloud of white cloud area to buy platform in one net self-supporting inn spent 999 yuan to buy car of a dynamoelectric balance. Think to balance a car to be able to fill him of contemporary pace tool to did not think of, use for the first time produced an accident.
On April 26, mr Zhang should go white Yun Hu is street handle affairs, wanting to try to just bought the balance car of the hand. His an account in one's own words, before going out at that time, filled balance car report. At first very successful, from street do do come to an end come out, he is riding balance car to come home. During transit, he threw a fall however.
Mr Zhang says, oneself are riding balance car to stand through annulus bus around, balance car ever gave out n to call the police. "Add boat course of development saying on the product manual that balances a car is 15 to 22 kilometers, street do to be apart from with my home also with respect to 67 kilometers, do not go there and back to cross 923 kilometers. " Mr Zhang says, leave home to still have 9 kilometers right now, he thinks course of development of the boat that press add calculates, return the home should unchallenged.
Then, mr Zhang continues to driving balance car. When riding one place footpath, balance car balks however run, he as inertial attack forth, trip is in the ground. "Whole at that time person attacks, still rise not to come, want passerby to help up. " Mr Zhang says, had waited about 5 minutes, he just can stand up slowly, taking balance car to return the home first. Later, he takes a taxi the hospital of people of well of stone of white cloud area near demands medical service. According to the medical record that Mr Zhang provides, he abrade of contusion of double genu ministry, defeat and leather damage, be Ied hope not fracture. Nevertheless, medical expenses spent him nearly 300 yuan.
Doubt balances car quality problem, the citizen sues a net to buy platform
Cut slowly heal, mr Zhang walked up to consume the road that thought fors the time being. He thinks, "The product that balances a car says can use kilometer of 15-22 of add boat course of development, oneself use 12 kilometers left and right sides to do not have report suddenly, and the car is direct do not have electric inactive, bring about him trip, problem of product presence quality " . Then, he contacted a net to purchase platform customer service, told about oneself circumstance.
The platform when Mr Zhang buys balance car sent " danger of fracture allowance accident " , do not cross him not fracture, this insurance is not accordingly applicable. He dialed a net to buy phone of platform customer service. Customer service lets him return balance vehicle to the businessman to make detect. After Mr Zhang returns a product, it is under bargaining, he got product cost price 999 yuan refund.
Basis " consumer rights and interests protects a law " fiftieth 5, operator provider is tasted or the service has fraudulent action, ought to increase the loss that recoups its to get according to the requirement of consumer, the amount that increases compensation buys the money paid for something purchased or received for something sold of commodity to perhaps accept 3 times of the charge of the service for consumer.
Mr Zhang says, course of development of boat of the add in balancing car product to explain is 15 to 22 kilometers, did not achieve actually, "Product quality has a problem " . At this point, he puts forward and requirement net buys platform and businessman to be compensated for jointly 3 times at product value, add cost of delay one's work, medical expenses to wait, add up to in all 4000 yuan. The businessman that balances a car contacted him, bilateral nevertheless not negotiate compensates for plan.
"The other side says an order all the time. " then, the door complains the Beijing The Ministry of Commerce and Industry that Mr Zhang one side buys platform to be in a parent company to the net, seek legal help at the same time. On May 13, he applies for to sue a net to buy platform on platform of suit of Guangzhou Internet court, dispute of this network product liability is in the condition in put on record at present.
Manufacturer detects the report says product as good as constant
The network that the reporter provides from Mr Zhang buys scheme of check of platform commodity detail to see, in this parameter norms that balances a car, one column has travel course of development really " about 15, 22km " word, do not have afterwards tag " test environment falls for full report state, 70kg carring capacity, environmental temperature is 20 ℃ . With 15km/h average speed per hour is in travel of flat road surface " . Mr Zhang claims oneself weight is 65kg about, the speed of travel is at that time " moderate rate " . In light of the accident circumstance that tells about from Mr Zhang, the test environment of commodity and real environment are put in difference necessarily.
Reporter discovery, say in this product specification: Be sure to adorn in the process of use product complete set safety is protected please (the) such as helmet, elbow support, wrist support, kneecap, any loss that cause by the product otherwise, "Our company do not assume legal responsibility " . Mr Zhang expresses, did not apparel truly when him accident protect, and a lot of people are riding this action to balance a car to also fail to accomplish all right.
After the event, mr Zhang was received buy platform by product network self-supporting inn is entrusted detect the orgnaization makes detect report. The report says, "Ride to cut off the power all right in the light of this car problem, via detecting electric machinery, advocate board, batteries all does not have any different constant, the analysis on put together, cause this kind of breakdown not to eliminate the possibility of following case: 1, drive on the low side of capacity of the batteries when travel, batteries high-power discharges, batteries baffle can spark protection, cause thereby ride to cut off the power all right; 2, drive a rate too fast, ride an operation undeserved bring about to lose control of one's vehicle to bump bring about cut off the power; 3, ride an angle too big, bring about big dip to protect overbalance. Bring about big dip to protect overbalance..
Nevertheless, reporter discovery, the product certificate of approval that obtains Mr Zhang to offer detects with this the report makes contrast, detect of report upper cover " quality detects special rule " the manufacturing business on company name and product certificate of approval is consistent. Mr Zhang detects to this the report supports doubt attitude.
With respect to the condition that Mr Zhang reflects to the reporter, the reporter dialed 24 hours of hotlines on net of official of balance car businessman, the other side says he is in charge of enrolling business only, after if be an inquiry,the problem after carry out should look for the carry out that buys platform. The reporter shows the identity leaves connection means to ask the branch gives answer related the other side, but up to distribute news dispatches, this businessman still did not contact a reporter.
Guangdong protects Liao Jianxun of solicitor of law attorney office to think, if Mr Zhang in case takes the word that legal approach thought fors the time being, can product liability dispute is sued, the accused can be a sale square, also can be manufacturer. If be a sale,just assume responsibility, selling square OK and affirmatory event is manufacturer is caused, the sale also just can be chased after to manufacturer duty. If Mr Zhang is,be sued according to product liability dispute, the likelihood wants the quote responsibility with corresponding burden, "Can prove these can sue a success, if indemonstrable likelihood is about,face quote incapable consequence " .
After Zhou Yushan of attorney office solicitor been seeinging the evidence that Mr Zhang provides, Guangdong thinks like that sincerely, at present Mr Zhang lacks direct evidence, whether can be the monitoring kinescope inaccuracy when the accident moved surely for instance take, the balance car after the event of the accident had returned manufacturer to do detect, and did not entrust tripartite orgnaization to have identification, this is not quite advantageous to Mr Zhang. If her proposal citizen encounters Mr Zhang this kind of circumstance, the first should call the police for a short while, tone takes spot kinescope; The 2nd should seal up for keeping in time to the product, entrust appraisal of orgnaization of a tripartite, had better not let appraisal of businessman home remedy.
Dynamoelectric balance car, a kind of new-style means of delivery, it is to resemble dynamoelectric bicycle after all tool of in that way traffic ride instead of walk, still be one kind offers recreational toy only, do not have the view of a valid for a time after its are born. Nevertheless, the consensus of branch of much ground policeman is -- its neither motor vehicle, also not be blame motor vehicle.
" motor vehicle of Guangzhou city blame and autocycle government regulation " execute at rising on September 1, 2017, prohibit inside area of clear Guangzhou administration among them car of dynamoelectric wheelbarrow, dynamoelectric balance glides with etc the transport travelling on the tool, the place of deregulation fines with 50 yuan. 2017 about the national level of dynamoelectric balance car the bottom is released formally, began to carry out on January 1, 2018.
However, car of even if balance is not motor vehicle and blame motor vehicle such vehicle, still a few citizens are riding balance car to be on communal road travel. Recently, the reporter also browsed different network to buy the goods of dynamoelectric balance car of platform. Reporter discovery, when a lot of businessmen are publicizing balance car commodity, call balance car " tool of ride instead of walk " , " tool of urban ride instead of walk " , majority was not gotten on the safety of transport travelling reminds.
What does the citizen need to notice when the choose and buy balances a car? Security should be put in the first.
Reporter discovery, " dynamoelectric balance car is current technical condition " the highest design career that asks to balance a car should not be more than 20km/h, should have function of safe give an alarm (wait like sound, smooth, vibration) in order to be in necessary when remind an user.
" demand of security of dynamoelectric balance car and test method " requirement, balance car is due overspeed protection, safe give an alarm lasts when exceeding speed limit namely, reach become warped continuously board function or similar protection function continue to quicken with restricting an user, in order to protect user security; Balance car is due also low n protects a function, when the safe travel place that balances n of car batteries group to set under manufacturer namely needs lowermost n, should have continuously safe give an alarm and become warped continuously board function or similar protection function continue with restricting an user travel. If balance a car not to accord with afore-mentioned standards, that is unqualified product, put in safe hidden trouble.
Interview and write: South reporter Chen Jie is unripe
