Refer China: Passenger Injured in Rush Hour — Shanghai Metro to Pay ￥156,000

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Squatting Passenger Injured in Rush Hour Fall — Shanghai Metro to Pay ￥156,000

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During a hectic morning commute on Shanghai Metro Line 1 in July 2024, a 29-year-old woman, referred to as Xiaoya (alias), experienced a distressing incident that led to a legal battle over liability and compensation.

Feeling unwell, Xiaoya was squatting in a crowded subway car when another passenger, Lu, lost balance during a jolt and fell onto her, causing serious injuries.

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Medical evaluations later revealed that Xiaoya had suffered a lumbar fracture and other back injuries, resulting in a Grade 10 disability. She required a 150-day recovery period, with 60 days each for nutrition and personal care.

Claiming the subway company was negligent in managing passenger safety and flow during rush hour, Xiaoya filed a lawsuit seeking over 273,000 yuan (approximately $38,000) in damages.

She argued that the operator failed to control crowd density or provide sufficient handrails, and did not intervene in the risky behavior of Lu, who allegedly exhibited unusual behavior due to Huntington's disease. Xiaoya also claimed that no immediate assistance was offered when she showed signs of discomfort.

In its defense, the subway company denied any fault, asserting that the train was operating normally with only minor shaking, and no emergency braking occurred. They argued Xiaoya was grossly negligent for squatting on the floor despite audio warnings instructing passengers to stand firm. They also emphasized that Lu's condition was not a legal barrier to using public transport and that staff had provided timely aid after the incident.

The Shanghai Railway Transport Court ruled that while the subway company bore responsibility as the transport operator, Xiaoya's actions contributed to the accident. Citing surveillance footage and passenger density, the court found her behavior risky but not grossly negligent. As such, the court ordered the company to cover 70% of her verified damages—about 156,000 yuan—acknowledging shared fault in the incident.

Source: 观察者网