The renter is suing the management for over 30,000 yuan.
The public bike company claims it has fulfilled its responsibilities.
Compensation is limited to the insurance cap of 10,000 yuan.
"At first, they said they would advance 5,000 yuan for my medical expenses, then changed their story to say I should focus on treatment and seek compensation through insurance. In the end, they wanted to go to court." Reflecting on his experience seeking justice, Mr. Ni sounded helpless and ultimately decided to sue the Hangzhou Public Bicycle Transportation Service Development Co., Ltd.
Yesterday, the Shangcheng District Court in Hangzhou mediated a lawsuit filed by Mr. Ni against the Hangzhou Public Bicycle Transportation Service Development Co., Ltd. (hereinafter referred to as the "public bike company") for alleged infringement. Due to significant differences between the two parties, the nearly two-hour mediation session yielded no results, and the court decided to hold a public hearing on a later date.
This is the first lawsuit stemming from a safety issue involving Hangzhou’s public bikes in nearly five years of operation, dubbed the "First Public Bike Accident Case in Hangzhou."
Broke his wrist in a bike fall, hospitalized for 23 days
Mr. Ni, 34, is originally from Anhui but has worked in Hangzhou for many years as a teacher at a local training school. He applied for a Hangzhou Citizen Card as early as 2010 and frequently used public bikes.
On the afternoon of December 6 last year, Mr. Ni was heading to an appointment near Moganshan Road. During the evening rush hour, he rented a bicycle from a public bike station near Zhenhua Road, Zhejiang Radio and Television University. As he approached the intersection of Pingshui Road and Fengtan Road, the left pedal suddenly detached. Caught off guard, Mr. Ni lost his balance and fell, injuring his elbow.
After the incident, Mr. Ni sought treatment at Xinhua Hospital and the Provincial Tongde Hospital, where he was diagnosed with a fracture near the left elbow (olecranon of the ulna). He spent a total of 23 days in the two hospitals, with medical expenses alone exceeding 10,000 yuan.
Rental records obtained afterward showed that Mr. Ni had rented the bike from 17:19 to 17:48 that day, using it for half an hour free of charge.
Compensation issues were repeatedly delayed
"I didn’t think the injury would be this serious at first, so I didn’t call the police," Mr. Ni said. After getting hurt, he struggled to his feet, returned the bike, and took a taxi to the hospital. The taxi driver suggested he seek compensation from the public bike company.
Mr. Ni immediately called the service hotline to report his injury. The public bike company sent someone to inspect the scene, later visited him in the hospital, and promised to advance 5,000 yuan for his treatment.
Mr. Ni claimed the company left a phone number for contact, but when he tried calling it later, the number was unreachable. When he approached the public bike company again, they stated compensation was limited to the insurance cap of 10,000 yuan, while his medical bills alone exceeded that amount.
In the lawsuit filed on March 21 this year, the compensation claim included 11,435.57 yuan for medical expenses, 2,000 yuan for emotional distress, and lost wages, totaling 31,534.57 yuan.
Is the public bike management not at fault?
During the mediation yesterday morning, the defendants included not only the public bike company but also another defendant, Hangzhou Jintong Public Bicycle Technology Development Co., Ltd. (hereinafter referred to as Hangzhou Jintong).
The lawyer representing Hangzhou Jintong explained that it is an independent legal entity primarily responsible for public bike services outside Hangzhou. It was named in the lawsuit simply because its office shares a building entrance with the public bike company.
Representatives from both companies mentioned that public bikes are self-service and public welfare-oriented. Clear signs at all rental stations remind users to check the bike’s condition before riding, and the management has fulfilled its responsibilities.
"If there is any responsibility, it’s not entirely on the public bike service company," the Hangzhou Public Bicycle Service Company argued. Prior to Mr. Ni, a woman had rented the same bike but returned it within a minute. They claimed Mr. Ni’s failure to inspect the bike was also a contributing factor. Moreover, Mr. Ni did not provide direct evidence proving the pedal detached while he was riding, and other causes for his wrist injury could not be ruled out.
The public bike company insisted that, under the premise of no fault, compensation would be limited to the insurance cap of 10,000 yuan. Mr. Ni rejected this offer.
Injured while renting a bike
Best to call the police immediately
Back in 2009, the Shangcheng District Court in Hangzhou ruled on a case where a tourist rented a bike to tour West Lake, fell and suffered a severe fracture while going downhill on Su Causeway. The Hukou Tourism Supplies Store, which rented out the bike, was ordered to bear 70% of the responsibility and compensate the injured Shaanxi tourist Huang Zhao for losses totaling 19,288 yuan.
In the Huang Zhao case, although no quality issues were found when the bike was rented, the detachment of fixed components during use proved the bike had performance defects and did not meet the normal, safe standards expected of bicycles. The Hukou Tourism Supplies Store, as the operator, was held liable for compensation.
Regarding the Shangcheng District Court precedent, Ji ?, the safety officer of the public bike company, pointed out that store-rented bikes are for profit, whereas public bikes are non-profit and free for the first hour. Mr. Ni was using a public resource free of charge.
Ji ? also mentioned that Hangzhou currently has over 2,000 public bike stations and more than 60,000 bikes, with one bike being rented up to 32 times daily. The company employs over 300 maintenance staff (excluding station workers) who conduct daily inspections and regular safety checks. For example, if a computer system detects a bike being returned twice within two minutes, it is flagged as a “problem bike” and locked to prevent safety issues.
Ji also suggested that in the event of an accident while renting a public bicycle, it's best to call the police immediately. This helps preserve evidence and determine whether the issue was caused by a problem with the bicycle itself or other factors, thereby clarifying liability.