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July 13, 2010

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Moped dealer also to blame for death

A MOPED dealer has been told he must share responsibility for a fatal crash involving one of his vehicles.

Judges at the Jiading District People's Court said the dealer, surnamed Jin, should bear "complementary liability of compensation" amounting to 125,000 yuan (US$18,464) for selling a defective moped.

This means that if the moped rider was unable to pay compensation then the dealer, who has a store in Baoshan District, would have to pay a maximum of 125,000 yuan to the victim's family.

The moped's rider has been ordered to pay more than 620,000 yuan in compensation for directly causing the victim's death.

On the morning of May 6, 2009, Li Baohua was driving his new moped when he hit a pedestrian. He had been traveling at about 30 kilometers an hour though it was raining hard.

The pedestrian died from serious head injuries.

The moped was assessed to have an engine capacity equal to that of a motor vehicle, which made it illegal.

That, traffic police said, contributed to the accident because Li didn't have the skills necessary to handle such a vehicle.

The victim's family sued Li, the moped maker and the retailer for compensation.

But the Baolu company denied having produced the moped, saying it had dozens of minor differences from its product, though it looked similar.

The dealer, who admitted selling the moped, couldn't prove where he had obtained the moped.

The court ruled that Li and the dealer should share responsibility. If the dealer had evidence to identify the source of the vehicle, he could ask for compensation from the maker, the court said.


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