KWONG LAI CHUN 對 NEW WORLD PROPERTY MANAGEMENT CO LTD

KWONG LAI CHUN 對 NEW WORLD PROPERTY MANAGEMENT CO LTD

The CCTV evidence and witness inspection established the passage was dry and the plaintiff fell due to his own unstable gait while carrying heavy bags; the defendant did not breach any duty and was not liable, therefore the claim is dismissed.

Source-derived case information.

Citation
[2018] HKDC 1314
Parties
Applicant: KWONG LAI CHUN; Respondent: NEW WORLD PROPERTY MANAGEMENT COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 October 2018
Case Number
DCPI1947/2016
Procedural Posture
Personal Injury (tort) / Hearing/judgment
Outcome
Claim dismissed; claimant ordered to pay defendant's costs.
Legal Topics
Slip and Fall, Res Ipsa Loquitur, Contributory Negligence, Duty of Care, Causation, CCTV Evidence
Source Language
ch
Tort Occupiers' Liability Negligence Personal Injury Slip and Fall Res Ipsa Loquitur Contributory Negligence Duty of Care +2 more

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Summary, issues, holding and outcome

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Parties

KWONG LAI CHUN

Applicant

NEW WORLD PROPERTY MANAGEMENT COMPANY LIMITED

Respondent

Procedural Posture

Personal Injury (tort) / Hearing/judgment

  1. 1 Whether occupier was negligent or breached duty to lawful visitors
  2. 2 Whether the passageway surface was wet/slippery and caused the fall
  3. 3 Causation between any wet surface and plaintiff's injuries

Ratio Decidendi

The CCTV evidence and witness inspection established the passage was dry and the plaintiff fell due to his own unstable gait while carrying heavy bags; the defendant did not breach any duty and was not liable, therefore the claim is dismissed.

Court Disposition

Claim dismissed; claimant ordered to pay defendant's costs.

Orders

  • Claim dismissed.
  • Claimant to pay defendant's costs, including reserved costs.