LI FAT TSANG v. 信達工程公司 AND ANOTHER

LI FAT TSANG v. 信達工程公司 AND ANOTHER

Both defendants breached their respective duties (the employer failed to provide safe working conditions; the occupier/main contractor failed in its occupier duties) and those breaches caused the plaintiff's injuries; the plaintiff was not contributorily negligent; defendants are jointly and severally liable and the court must quantify damages and allow credit for employees' compensation paid.

Citation
LI FAT TSANG v. 信達工程公司 AND ANOTHER
Parties
1st Defendant (employer/sub Contractor): 1st Defendant; 2nd Defendant (main Contractor/occupier): 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2002
Case Number
HCPI558/2000
Procedural Posture
Personal Injury Claim (negligence and Occupier's Liability) / Judgment at Trial
Outcome
Judgment for Plaintiff. Defendants jointly and severally liable.
Legal Topics
Duty of Care, Causation, Quantum of Damages, Interest on Damages, Set Off for Employees' Compensation, Joint and Several Liability
Source Language
EN
Personal Injury Occupiers' Liability Employment Law Torts Negligence Damages Assessment Duty of Care Causation Quantum of Damages +3 more

Case Brief

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Parties

1st Defendant

1st Defendant (employer/sub Contractor)

2nd Defendant

2nd Defendant (main Contractor/occupier)

Procedural Posture

Personal Injury Claim (negligence and Occupier's Liability) / Judgment at Trial

Legal Issues

  1. 1 Whether the 1st Defendant breached its duty to provide a safe place of work
  2. 2 Whether the 2nd Defendant, as occupier/main contractor, breached duty under the Occupier's Liability Ordinance (Cap. 314)
  3. 3 Causation between inadequate lighting and the accident

Ratio Decidendi

Both defendants breached their respective duties (the employer failed to provide safe working conditions; the occupier/main contractor failed in its occupier duties) and those breaches caused the plaintiff's injuries; the plaintiff was not contributorily negligent; defendants are jointly and severally liable and the court must quantify damages and allow credit for employees' compensation paid.

Court Disposition

Judgment for Plaintiff. Defendants jointly and severally liable.

Orders

  • Total award of damages before set-off: HKD 3,071,182.00 with breakdown: pain and suffering and loss of amenities HKD 300,000.00; pre-trial loss of earnings HKD 1,423,700.00; post-trial loss of earnings HKD 1,326,000.00; special damages (medical, travelling, tonic food) HKD 21,482.00.
  • Deduct employees' compensation paid HKD 602,930.00 from the total award.