CHO CHIN TO 對 PROFIT BASE LTD t/a GIANT SEAFOOD aka 大鍋口海鮮火鍋店

CHO CHIN TO 對 PROFIT BASE LTD t/a GIANT SEAFOOD aka 大鍋口海鮮火鍋店

The court found on the balance of probabilities that the defendant caused a hazardous slippery condition by leaving detergent in buckets in the delivery corridor, breached its duty of care to the plaintiff (an invitee/visitor), that breach caused the plaintiff's back injury, the plaintiff was not contributorily...

Source-derived case information.

Citation
[2023] HKDC 604
Parties
Plaintiff: CHO CHIN TO; Defendant: PROFIT BASE LIMITED trading as GIANT SEAFOOD (大鍋口海鮮火鍋店)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 May 2023
Case Number
DCPI1868/2018
Procedural Posture
Personal Injury Claim (slip and Fall) / Judgment After Trial; Defendant Absent
Outcome
Judgment entered for the plaintiff against the defendant for damages, interest and costs; defendant to pay net award and reimburse Legal Aid Department as ordered.
Legal Topics
Slip and Fall, Duty of Care, Causation, Quantum of Damages, Occupier Status, Loss of Earnings, Legal Aid Recoupment
Source Language
ch
Torts Negligence Occupiers' Liability Personal Injury Law Damages Assessment Slip and Fall Duty of Care Causation +4 more

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Parties

CHO CHIN TO

Plaintiff

PROFIT BASE LIMITED trading as GIANT SEAFOOD (大鍋口海鮮火鍋店)

Defendant

Procedural Posture

Personal Injury Claim (slip and Fall) / Judgment After Trial; Defendant Absent

  1. 1 Whether defendant owed and breached a duty of care to the plaintiff
  2. 2 Whether defendant was an occupier under Cap.314 and extent of statutory vs common law liability
  3. 3 Causation between spilled detergent and plaintiff's injuries

Ratio Decidendi

The court found on the balance of probabilities that the defendant caused a hazardous slippery condition by leaving detergent in buckets in the delivery corridor, breached its duty of care to the plaintiff (an invitee/visitor), that breach caused the plaintiff's back injury, the plaintiff was not contributorily negligent, and the plaintiff is entitled to damages as quantified by the court; occupier status under Cap.314 was noted but common law negligence sufficed; Legal Aid recoupment ordered per statute.

Court Disposition

Judgment entered for the plaintiff against the defendant for damages, interest and costs; defendant to pay net award and reimburse Legal Aid Department as ordered.

Orders

  • Total damages awarded before set-off: HKD 2,510,932.55
  • Set-off for employee's compensation paid: HKD 676,710.64