LAU TSZ WAN v. CALTEX OIL HONG KONG LTD AND ANOTHER

LAU TSZ WAN v. CALTEX OIL HONG KONG LTD AND ANOTHER

On the balance of probabilities the plaintiff slipped on grease on or adjacent to the petrol station run-in; the 2nd Defendant (operator) breached its duty by failing to maintain and clean the run-in used by pedestrians and vehicles, and both 1st and 2nd Defendants owed duties as owner and licensee/occupier; circumstantial evidence (shiny sheen, grease stain on plaintiff) sufficed to establish causation and liability; plaintiff awarded damages accordingly.

Citation
LAU TSZ WAN v. CALTEX OIL HONG KONG LTD AND ANOTHER
Parties
Plaintiff: Lau Tsz Wan; 1st Defendant: Caltex Oil Hong Kong Limited; 2nd Defendant: Shui Cheong Hong, Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 December 2004
Case Number
DCPI140/2001
Procedural Posture
Personal Injuries Action / Judgment (district Court)
Outcome
Judgment for Plaintiff against the Defendants; defendants held liable (operator clearly liable; owner/1st Defendant also held to owe an occupier's duty)
Legal Topics
Slip and Fall, Duty of Care, Maintenance of Premises, Escape of Dangerous Substances, Causation on Balance of Probabilities, Quantum of Damages
Source Language
EN
Tort Occupiers' Liability Negligence Public Nuisance Rylands V Fletcher (strict Liability) Contract (dealership Agreement) Slip and Fall Duty of Care +4 more

Case Brief

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Parties

Lau Tsz Wan

Plaintiff

Caltex Oil Hong Kong Limited

1st Defendant

Shui Cheong Hong, Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (district Court)

Legal Issues

  1. 1 Whether the defendants owed a duty of care to the plaintiff as occupier/operator of the petrol station and its run-in/run-out areas
  2. 2 Whether the greasy/oily substance that caused the slip escaped from the petrol station or was caused by a third party
  3. 3 Whether the defendants breached their duty by failing to maintain and clean the run-in area

Ratio Decidendi

On the balance of probabilities the plaintiff slipped on grease on or adjacent to the petrol station run-in; the 2nd Defendant (operator) breached its duty by failing to maintain and clean the run-in used by pedestrians and vehicles, and both 1st and 2nd Defendants owed duties as owner and licensee/occupier; circumstantial evidence (shiny sheen, grease stain on plaintiff) sufficed to establish causation and liability; plaintiff awarded damages accordingly.

Court Disposition

Judgment for Plaintiff against the Defendants; defendants held liable (operator clearly liable; owner/1st Defendant also held to owe an occupier's duty)

Orders

  • Plaintiff awarded total damages of HKD 332,789
  • Special damages and interest: special damages to accrue interest at half judgment rate from date of accident to date of judgment