江觀海 對 周雲以亞洲裝飾公司之名稱營業

江觀海 對 周雲以亞洲裝飾公司之名稱營業

Defendant, as employer and occupier, breached common law and statutory duties by failing to provide guarding and a safe workplace; that breach was a substantial and operative cause of the plaintiff's near‑amputation injury; plaintiff was not contributorily negligent to a degree warranting reduction; award of damages...

Source-derived case information.

Citation
江觀海 對 周雲以亞洲裝飾公司之名稱營業
Parties
Plaintiff: KONG KWUN HOI (江觀海); Defendant: chow wan trading as ASIA decoration company (周雲)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 March 2014
Case Number
HCPI31/2012
Procedural Posture
Personal Injury Tort (employer Liability) / Judgment After Trial
Outcome
Judgment for plaintiff
Legal Topics
Negligence, Employer's Non Delegable Duty, Statutory Duty Under Cap.59 G, Causation, Contributory Negligence, Quantification of Damages
Source Language
ch
Tort Employment Law Occupiers' Liability Statutory Regulation Compliance Damages Assessment Negligence Employer's Non Delegable Duty Statutory Duty Under Cap.59 G +3 more

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Parties

KONG KWUN HOI (江觀海)

Plaintiff

chow wan trading as ASIA decoration company (周雲)

Defendant

Procedural Posture

Personal Injury Tort (employer Liability) / Judgment After Trial

Legal Issues

  1. 1 Whether defendant breached common law duty of care to provide safe workplace and equipment
  2. 2 Whether defendant breached statutory duty under Factories and Industrial Undertakings (Woodworking Machinery) Regulation (Cap.59G)
  3. 3 Whether defendant's breach was a substantial cause of plaintiff's injury

Ratio Decidendi

Defendant, as employer and occupier, breached common law and statutory duties by failing to provide guarding and a safe workplace; that breach was a substantial and operative cause of the plaintiff's near‑amputation injury; plaintiff was not contributorily negligent to a degree warranting reduction; award of damages as computed is justified.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to pay plaintiff HKD 3,007,224.58 plus interest as ordered
  • Interest: for pre‑trial losses and special damages interest from date of accident (24 July 2009) to judgment at half the judgment rate; for general damages interest from date of writ to judgment at 2% per annum