鍾玉珍 對 嘉頓有限公司

鍾玉珍 對 嘉頓有限公司

Court found on balance that the washroom floor was wet due to inadequate and improperly supervised cleaning by the employer's cleaner; employer breached its non-delegable duty and is vicariously liable for the cleaner's negligence; plaintiff was not contributorily negligent; damages awarded but reduced by 15% for...

Source-derived case information.

Citation
[2023] HKDC 1123
Parties
Plaintiff: CHUNG YUK CHUN (鍾玉珍); Defendant: THE GARDEN COMPANY, LIMITED (嘉頓有限公司)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 August 2023
Case Number
DCPI2301/2018
Procedural Posture
Personal Injury Negligence / Trial (judgment)
Outcome
Judgment for plaintiff; award of damages against defendant
Legal Topics
Negligence, Non Delegable Duty, Vicarious Liability, Damages Assessment, Contributory Negligence, Occupiers' Liability Ordinance
Source Language
ch
Tort Employment Law Occupiers' Liability Personal Injury Negligence Non Delegable Duty Vicarious Liability Damages Assessment +2 more

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Parties

CHUNG YUK CHUN (鍾玉珍)

Plaintiff

THE GARDEN COMPANY, LIMITED (嘉頓有限公司)

Defendant

Procedural Posture

Personal Injury Negligence / Trial (judgment)

  1. 1 Whether the plaintiff slipped and was injured due to a wet washroom floor
  2. 2 The cause of the wetness on the washroom floor
  3. 3 Whether the employer breached its duty of care to the employee (including non-delegable duties)

Ratio Decidendi

Court found on balance that the washroom floor was wet due to inadequate and improperly supervised cleaning by the employer's cleaner; employer breached its non-delegable duty and is vicariously liable for the cleaner's negligence; plaintiff was not contributorily negligent; damages awarded but reduced by 15% for pre-existing cervical/lumbar degeneration.

Court Disposition

Judgment for plaintiff; award of damages against defendant

Orders

  • Defendant to pay plaintiff HKD 1,292,661.80
  • Interest: for PSLA awarded at 2% per annum from service of writ to date of judgment, thereafter at the assessed rate until payment in full; interest on past earnings and special damages at half the assessed rate from date of accident to date of judgment, thereafter at the assessed rate until payment in full