Displaying new cars in shopping malls or exhibition centers can effectively attract potential consumers' attention, not only enhancing the brand's market influence and visibility, but also boosting consumers' purchasing desire and driving sales. What are the safety obligations of car companies, vehicle dealers, and 4S stores when displaying? If the corresponding obligations are not fulfilled, who will bear the losses caused? Recently, a case announced by the Supreme People's Court has reminded everyone. One day, Xiao Wang, who was considering buying a car recently, went to a certain 4S dealership to test drive the vehicle. However, to Xiao Wang's surprise, as soon as he got into the car and touched a few buttons on the steering wheel, the vehicle suddenly started to charge forward and collided with another parked exhibition car, causing damage to both cars. After appraisal, the accident resulted in maintenance costs of over 20000 yuan. The 4S store believes that Xiaowang should compensate for all losses and bear the depreciation loss of 10000 yuan for the two cars. However, Xiao Wang felt that he was also very wronged and pointed out that the damage caused by the display vehicle not turning on the exhibition mode according to regulations was due to the 4S store's failure to fulfill its safety management obligations and should bear the losses on its own. Regarding the exhibition mode mentioned by Xiao Wang, the 4S store staff stated that they were not familiar with the exhibition mode and that setting the exhibition mode was not a uniform requirement. Both parties failed to reach an agreement, so the 4S store filed a lawsuit with the court, demanding that Xiao Wang compensate for the vehicle maintenance costs and depreciation losses. What is the exhibition car mode? Is the exhibition mode a common practice in the industry? The judge conducted an investigation into the focus of the dispute between the two parties. After investigation, the judge learned that the exhibition mode mainly refers to disabling the power unit of the car through software during car exhibitions, ensuring that the vehicle is in a stable state of static display and unable to drive. So, is this mode the "standard configuration" function of different brands of vehicles, and has it formed the industry practice? With these questions in mind, the judge consulted a professional engineer. According to engineers, the exhibition mode can restrict vehicles from entering a drivable state, which is a functional module that is currently included in the vast majority of commercially available new energy vehicles. At the same time, in order to meet the needs of users to view the car at any time, the vehicle will be in a powered on state. Vehicles with exhibition mode enabled generally do not trigger misoperation as long as the key is taken away from the vehicle at the same time. In order to learn more about the situation, the presiding judge went to three 4S stores (two of which were 4S stores of the same brand as the accident) for on-site visits. After indicating the purpose of the visit, the presiding judge asked the salesperson, "Is it possible to operate the relevant buttons inside the car? If accidentally operated, will it cause the vehicle to move?" In response, the salesperson stated that all exhibition vehicles are in exhibition mode and cannot be driven. The salesperson demonstrated to the judge the process of activating and deactivating the exhibition mode - to activate, it is necessary to ensure that the vehicle is in the starting state and the car key is inside the car. Then, to operate the control panel, specific key combinations such as the mode key and volume key need to be pressed simultaneously for about 10 seconds before the vehicle can enter the exhibition mode. After entering the exhibition mode, the vehicle will be in a stationary state and unable to travel. Exiting exhibition mode usually requires the use of the same key combination for operation. Long press and hold the same key combination as entering exhibition mode to release it. All of the above operations require the key to be inside the car. During the trial, in response to the 4S store staff's argument that they did not understand the exhibition mode, the presiding judge presented them with relevant videos. The presiding judge stated that after on-site investigation and understanding, it is a basic industry safety standard for car dealers to use exhibition mode when displaying vehicles in exhibition halls or public places. According to the Civil Code, if a person infringes upon the civil rights and interests of others due to fault and causes damage, they shall bear tort liability. If the perpetrator is presumed to be at fault according to legal provisions and cannot prove that they are not at fault, they shall bear tort liability. As a professional automobile sales agency, the plaintiff should have a comprehensive understanding of the industry's basic safety regulations and assume corresponding safety precautions. ”Judge Xiao Liqin of the Civil Trial First Division of Jiangyan District People's Court in Taizhou City, Jiangsu Province, introduced that in this case, the plaintiff had a dual management oversight: they did not adjust the test drive vehicle to exhibition mode according to regulations, nor did they take the key away from the vehicle, which significantly increased the risk of consumer misoperation and clearly violated the industry's safety management obligations, resulting in a major fault. Xiao Liqin stated that as an ordinary consumer, Xiao Wang conducted reasonable test drive operations without clear prompts, and his behavior did not exceed the necessary limits, so there was no fault. The plaintiff failed to provide evidence to prove that Xiao Wang had intentional or negligent behavior in this accident, therefore his claim lacks factual and legal basis. The court ruled to reject the plaintiff's claim for full compensation. The court reminds that car companies, vehicle dealers, and 4S stores have strict security obligations for vehicles that require static display, and should prevent risks through technical means (such as using exhibition mode) and physical management (such as key control). At the same time, continuously strengthen internal operational management, enhance employee safety education and training, ensure that vehicles undergo strict safety inspections and mode settings before display, increase regular inspection efforts, and ensure that vehicle display is safe and controllable. For consumers, the court recommends proactively inquiring about the vehicle's status and confirming operational permissions with car salespeople before testing. If the dealer fails to switch to exhibition mode, the losses caused by the normal operating experience of consumers shall be borne by the dealer. If the consumer has intentional or gross negligence, they shall also bear corresponding responsibilities. (New Society)