YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

On the balance of probabilities the court found the explosion was caused by LPG residue leaking from one or both of two apparently empty Gulf cylinders due to defective 1977 Gulf valves; HK Oil Co. (manufacturer) failed to warn consumers and supplied cylinders with a valve design liable to become defective; Hip Sang (distributor) failed to discharge its higher duty as distributor to ensure safe condition and to warn customers; the first defendant was merely a gratuitous carrier and not liable; no contributory negligence was proven; accordingly Hip Sang and Hong Kong Oil Co. are liable in negligence to the plaintiffs.

Citation
YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS
Parties
Plaintiff (infant by Next Friend Kwok Tai Kam): Yeung Man Yee; Plaintiff (infant by Next Friend Kwok Tai Kam): Yeung Tsz Leung; Plaintiff (infant by Next Friend Kwok Tai Kam): Yeung Shuk Yee; Plaintiff (trawler Owner): Yeung For Kan; Plaintiff (crew): Ho Chi Kwan; Plaintiff (crew): Ho Tim; 1st Defendant: Kam Shing (a firm); 2nd Defendant (distributor): Hip Sang Oil Company; 3rd Defendant (manufacturer): Hong Kong Oil Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 1988
Case Number
HCA1560/1980
Procedural Posture
Civil Personal Injury (negligence) / Liability Trial (issues Limited to Liability)
Outcome
Judgment for plaintiffs on liability against 2nd defendant Hip Sang Oil Company and 3rd defendant Hong Kong Oil Company Limited; claim against 1st defendant Kam Shing dismissed.
Legal Topics
LPG Cylinders, Manufacturer Liability, Distributor Liability, Carrier Liability, Failure to Warn, Design Defect, Causation, Contributory Negligence
Source Language
EN
Torts Product Liability Personal Injuries Negligence LPG Cylinders Manufacturer Liability Distributor Liability Carrier Liability +4 more

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Parties

Yeung Man Yee

Plaintiff (infant by Next Friend Kwok Tai Kam)

Yeung Tsz Leung

Plaintiff (infant by Next Friend Kwok Tai Kam)

Yeung Shuk Yee

Plaintiff (infant by Next Friend Kwok Tai Kam)

Yeung For Kan

Plaintiff (trawler Owner)

Ho Chi Kwan

Plaintiff (crew)

Ho Tim

Plaintiff (crew)

Kam Shing (a firm)

1st Defendant

Hip Sang Oil Company

2nd Defendant (distributor)

Hong Kong Oil Company Limited

3rd Defendant (manufacturer)

Procedural Posture

Civil Personal Injury (negligence) / Liability Trial (issues Limited to Liability)

Legal Issues

  1. 1 Was the explosion caused by LPG residue leaking from apparently empty cylinders?
  2. 2 Were the valves on the cylinders defective and did that cause leakage?
  3. 3 Were the manufacturer and distributor negligent in design and failure to warn?

Ratio Decidendi

On the balance of probabilities the court found the explosion was caused by LPG residue leaking from one or both of two apparently empty Gulf cylinders due to defective 1977 Gulf valves; HK Oil Co. (manufacturer) failed to warn consumers and supplied cylinders with a valve design liable to become defective; Hip Sang (distributor) failed to discharge its higher duty as distributor to ensure safe condition and to warn customers; the first defendant was merely a gratuitous carrier and not liable; no contributory negligence was proven; accordingly Hip Sang and Hong Kong Oil Co. are liable in negligence to the plaintiffs.

Court Disposition

Judgment for plaintiffs on liability against 2nd defendant Hip Sang Oil Company and 3rd defendant Hong Kong Oil Company Limited; claim against 1st defendant Kam Shing dismissed.

Orders

  • Liability established against Hip Sang Oil Company and Hong Kong Oil Company Limited
  • Claim against Kam Shing dismissed