LAM FONG AND OTHERS v. SO HOO YUEN t/a WUI LOONG SCAFOLD & MATCHED BUILDERS AND OTHERS

LAM FONG AND OTHERS v. SO HOO YUEN t/a WUI LOONG SCAFOLD & MATCHED BUILDERS AND OTHERS

1st defendant breached duty by failing to provide sufficient safety belts and by failing to instruct workers to use them; that breach caused the deceased's death although the deceased was 15% contributorily negligent for not wearing a belt; 1st defendant liable for 85% of damages; 2nd defendant not liable.

Source-derived case information.

Citation
LAM FONG AND OTHERS v. SO HOO YUEN t/a WUI LOONG SCAFOLD & MATCHED BUILDERS AND OTHERS
Parties
Plaintiffs: Lam Fong and Ho Kok Keong, administrators of the estate of Mak Kuen Wan; 1st Defendant: So Hoo Yuen trading as Wui Loong Scafold & Matched Builders; 2nd Defendant: Cheung Wing Wing and Keung Hok Ming trading as Shanghai Wing Sun Paints Work & Decoration; Third Party: The Incorporated Owner of Dragon View Court; Fourth Party: Taikoo Royal Insurance Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 June 1990
Case Number
HCA7572/1984
Procedural Posture
Negligence (fatal Workplace Accident) / Judgment (trial Concluded)
Outcome
Judgment for plaintiffs against 1st defendant; claim against 2nd defendant dismissed; apportionment 1st defendant 85% liable, deceased 15% contributory negligence.
Legal Topics
Employer Duty of Care, Contributory Negligence, Vicarious Liability, Safety Equipment, Damages, Costs
Source Language
en
Tort Negligence Occupational Safety Civil Procedure Employer Duty of Care Contributory Negligence Vicarious Liability Safety Equipment +2 more

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Parties

Lam Fong and Ho Kok Keong, administrators of the estate of Mak Kuen Wan

Plaintiffs

So Hoo Yuen trading as Wui Loong Scafold & Matched Builders

1st Defendant

Cheung Wing Wing and Keung Hok Ming trading as Shanghai Wing Sun Paints Work & Decoration

2nd Defendant

The Incorporated Owner of Dragon View Court

Third Party

Taikoo Royal Insurance Company Limited

Fourth Party

Procedural Posture

Negligence (fatal Workplace Accident) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the 1st defendant breached duty by failing to provide adequate safety belts and instructions
  2. 2 Whether the deceased was contributorily negligent for not wearing a safety belt
  3. 3 Whether the 2nd defendant (painting contractor) bore liability

Ratio Decidendi

1st defendant breached duty by failing to provide sufficient safety belts and by failing to instruct workers to use them; that breach caused the deceased's death although the deceased was 15% contributorily negligent for not wearing a belt; 1st defendant liable for 85% of damages; 2nd defendant not liable.

Court Disposition

Judgment for plaintiffs against 1st defendant; claim against 2nd defendant dismissed; apportionment 1st defendant 85% liable, deceased 15% contributory negligence.

Orders

  • Judgment for plaintiffs against 1st defendant subject to 15% reduction for contributory negligence
  • Plaintiffs awarded damages and interest as per agreement: funeral expenses $4,545.00 with 5% p.a. pre-judgment interest from date of accident; $30,000.00 for loss of expectation of life with 2% p.a. interest from service of writ; $217,106.00 pre-trial lost years award with 5% p.a. interest from date of accident...