CHAM CHEUNG SING v. YUNG PAK WA AND OTHERS

CHAM CHEUNG SING v. YUNG PAK WA AND OTHERS

Plaintiff was a lawful visitor; the staircase was the only access and was maintained in an unsafe condition (damp, food residue, obstructing boxes, single handrail, no adequate warning at the top); defendant as occupier breached the common duty of care under OLO and in negligence; plaintiff was not drunk and not contributorily negligent; the defendant alone dragged the unconscious plaintiff to the back alley without immobilizing his neck which foreseeably aggravated the spinal injury; causation established and quantum of damages assessed and reduced by prior settlement resulting in judgment for the plaintiff for HK$10,028,093.74.

Citation
CHAM CHEUNG SING v. YUNG PAK WA AND OTHERS
Parties
Plaintiff: Cham Cheung Sing; 1st Defendant: Yung Pak Wa; 2nd Defendant: Cheung Yuk Fong; 3rd Defendant: Cheung Hoi Wing; 4th Defendant: Tung Yuen Tasty Food Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2007
Case Number
HCPI206/2003
Procedural Posture
Personal Injuries Action HCPI 206/2003 / Judgment (court of First Instance, 20 June 2007)
Outcome
Judgment for plaintiff against 1st defendant
Legal Topics
Slip and Fall, Breach of Duty of Care, Contributory Negligence, Causation and Aggravation of Injury, Assessment of Damages, Occupiers Liability Ordinance
Source Language
EN
Occupiers' Liability Negligence Personal Injury Damages Slip and Fall Breach of Duty of Care Contributory Negligence Causation and Aggravation of Injury +2 more

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Parties

Cham Cheung Sing

Plaintiff

Yung Pak Wa

1st Defendant

Cheung Yuk Fong

2nd Defendant

Cheung Hoi Wing

3rd Defendant

Tung Yuen Tasty Food Company Limited

4th Defendant

Procedural Posture

Personal Injuries Action HCPI 206/2003 / Judgment (court of First Instance, 20 June 2007)

Legal Issues

  1. 1 Whether the plaintiff was a lawful visitor to the cockloft and staircase
  2. 2 Whether the defendant as occupier owed and breached a duty to ensure the staircase was safe
  3. 3 Whether the plaintiff was contributorily negligent or intoxicated at the time of the fall

Ratio Decidendi

Plaintiff was a lawful visitor; the staircase was the only access and was maintained in an unsafe condition (damp, food residue, obstructing boxes, single handrail, no adequate warning at the top); defendant as occupier breached the common duty of care under OLO and in negligence; plaintiff was not drunk and not contributorily negligent; the defendant alone dragged the unconscious plaintiff to the back alley without immobilizing his neck which foreseeably aggravated the spinal injury; causation established and quantum of damages assessed and reduced by prior settlement resulting in judgment for the plaintiff for HK$10,028,093.74.

Court Disposition

Judgment for plaintiff against 1st defendant

Orders

  • Enter judgment against the 1st defendant in the sum of HK$10,028,093.74
  • Order nisi that the defendant pay the plaintiff's costs of the action, including any costs reserved, to be taxed if not agreed