HEUNG WING YAN v. HANGWAY HOUSING MANAGEMENT LTD AND OTHERS

HEUNG WING YAN v. HANGWAY HOUSING MANAGEMENT LTD AND OTHERS

Court found on balance that 2nd defendant (occupier) and 3rd defendant (cleaner) were negligent in mopping the corridor during office hours without adequate signs or safety measures and that 2nd defendant was vicariously liable for 3rd defendant; 1st defendant did not breach any contractual or statutory duty under s6 OSHO as the cleaning practice was not shown to be reasonably foreseeable such that additional measures were required; the wet floor materially contributed to the slip on 8 October 2009 which in turn materially contributed to the later posterior tibial tendon rupture and consequent surgery; plaintiff not contributorily negligent; damages awarded accordingly.

Citation
HEUNG WING YAN v. HANGWAY HOUSING MANAGEMENT LTD AND OTHERS
Parties
Plaintiff: Heung Wing Yan; 1st Defendant: Hangway Housing Management Limited; 2nd Defendant: Kong Miu Ling Betsy; 3rd Defendant: Ng Lai Ping
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 2016
Case Number
HCPI347/2012
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for plaintiff against 2nd and 3rd defendants; claim against 1st defendant dismissed; contribution claim by 1st defendant dismissed.
Legal Topics
Slip and Fall, Vicarious Liability, Contributory Negligence, Causation and Material Contribution, Damages, Employer Statutory Duty, Reasonable Practicability
Source Language
EN
Tort Occupiers' Liability Employment Law Personal Injury Contract Statutory Duty (osho) Slip and Fall Vicarious Liability +5 more

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Parties

Heung Wing Yan

Plaintiff

Hangway Housing Management Limited

1st Defendant

Kong Miu Ling Betsy

2nd Defendant

Ng Lai Ping

3rd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether 2nd and 3rd defendants were negligent in failing to warn/cordon off a wet floor and whether 2nd defendant was vicariously liable for 3rd defendant
  2. 2 Whether 1st defendant (employer) breached a non-delegable or statutory duty under s6 OSHO to provide safe means of access/egress
  3. 3 Causation: whether the 8 Oct 2009 slip materially contributed to later posterior tibial tendon rupture and need for surgery

Ratio Decidendi

Court found on balance that 2nd defendant (occupier) and 3rd defendant (cleaner) were negligent in mopping the corridor during office hours without adequate signs or safety measures and that 2nd defendant was vicariously liable for 3rd defendant; 1st defendant did not breach any contractual or statutory duty under s6 OSHO as the cleaning practice was not shown to be reasonably foreseeable such that additional measures were required; the wet floor materially contributed to the slip on 8 October 2009 which in turn materially contributed to the later posterior tibial tendon rupture and consequent surgery; plaintiff not contributorily negligent; damages awarded accordingly.

Court Disposition

Judgment for plaintiff against 2nd and 3rd defendants; claim against 1st defendant dismissed; contribution claim by 1st defendant dismissed.

Orders

  • Judgment for plaintiff against 2nd and 3rd defendants in the sum of HKD 1,017,545.35
  • Interest on PSLA at 2% per annum from date of Writ to date of judgment