LAI TAI TAI v. LAM PAK LO AND ANOTHER

LAI TAI TAI v. LAM PAK LO AND ANOTHER

The court held that both defendants owed a duty of care to the volunteer rescuer; the 1st defendant breached that duty by failing to disconnect the anchor and properly secure the white hawser and by allowing a false 'ready' signal, and the 2nd defendant breached by directing the sampan into the tow path thereby increasing risk; the deceased was not contributorily negligent; liability apportioned 60% to 1st defendant and 40% to 2nd defendant; damages HK$590,000 awarded to plaintiff.

Citation
LAI TAI TAI v. LAM PAK LO AND ANOTHER
Parties
Plaintiff (intended Administratrix of Estate of the Deceased): Lai Tai Tai; 1st Defendant: Lam Pak Lo; 2nd Defendant: Cheung Kam Sang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 February 2000
Case Number
HCPI683/1998
Procedural Posture
Personal Injuries (fatal) Negligence and Statutory Duty / Judgment After Trial on Liability (quantum Agreed)
Outcome
Judgment for the plaintiff against the 1st and 2nd defendants for HK$590,000; liability apportioned 60% to 1st defendant and 40% to 2nd defendant; no contributory negligence by the deceased.
Legal Topics
Duty to Rescuers, Breach of Duty, Towing and Salvage Operations, Breach of Merchant Shipping Regulation 37, Contributory Negligence, Apportionment of Liability, Assessment of Damages
Source Language
EN
Tort Negligence Maritime Law Statutory Duty Civil Procedure (apportionment and Costs) Duty to Rescuers Breach of Duty Towing and Salvage Operations +4 more

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Parties

Lai Tai Tai

Plaintiff (intended Administratrix of Estate of the Deceased)

Lam Pak Lo

1st Defendant

Cheung Kam Sang

2nd Defendant

Procedural Posture

Personal Injuries (fatal) Negligence and Statutory Duty / Judgment After Trial on Liability (quantum Agreed)

Legal Issues

  1. 1 Whether defendants owed a duty of care to a volunteer rescuer
  2. 2 Whether 1st defendant breached duty by failing to disconnect anchor and properly secure hawser
  3. 3 Whether 2nd defendant breached duty by directing sampan into hazardous position

Ratio Decidendi

The court held that both defendants owed a duty of care to the volunteer rescuer; the 1st defendant breached that duty by failing to disconnect the anchor and properly secure the white hawser and by allowing a false 'ready' signal, and the 2nd defendant breached by directing the sampan into the tow path thereby increasing risk; the deceased was not contributorily negligent; liability apportioned 60% to 1st defendant and 40% to 2nd defendant; damages HK$590,000 awarded to plaintiff.

Court Disposition

Judgment for the plaintiff against the 1st and 2nd defendants for HK$590,000; liability apportioned 60% to 1st defendant and 40% to 2nd defendant; no contributory negligence by the deceased.

Orders

  • Judgment for the plaintiff against the 1st and 2nd defendants in the amount of HK$590,000.
  • Order nisi that the 1st defendant pays 60% of the plaintiff's costs and the 2nd defendant pays 40% of the plaintiff's costs; order nisi to be made absolute after 14 days.