LIMBU NETRA KUMAR v. YAU LEE CONSTRUCTION CO LTD AND ANOTHER

LIMBU NETRA KUMAR v. YAU LEE CONSTRUCTION CO LTD AND ANOTHER

Although ladders were available, both the main contractor and the employer failed to enforce safety procedures and turned a blind eye to workers climbing the tubular scaffold; that negligence caused the plaintiff's injuries. The plaintiff was contributorily negligent (30%) for choosing convenience to climb the scaffold. The court apportioned damages to reflect the pre-existing degenerative condition and contributory negligence and awarded judgment for the plaintiff in the sum of HKD 1,020,395.

Citation
LIMBU NETRA KUMAR v. YAU LEE CONSTRUCTION CO LTD AND ANOTHER
Parties
Plaintiff: LIMBU NETRA KUMAR; 1st Defendant: YAU LEE CONSTRUCTION CO. LTD; 2nd Defendant: CHAN WING FAI formerly trading as WING FUNG CONSTRUCTION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 April 2007
Case Number
HCPI234/2002
Procedural Posture
Personal Injuries Action No. 234 of 2002 / Judgment
Outcome
Judgment for the plaintiff against the 1st and 2nd defendants in the sum of HKD 1,020,395.00; costs nisi in favour of plaintiff, taxed if not agreed; plaintiff's own costs taxed in accordance with Legal Aid Regulations.
Legal Topics
Duty of Care, Breach of Safety Procedure, Causation, Apportionment, Quantum of Damages, Contributory Negligence, Interest, Costs
Source Language
EN
Tort Negligence Personal Injury Occupational Safety Construction Law Duty of Care Breach of Safety Procedure Causation +5 more

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Parties

LIMBU NETRA KUMAR

Plaintiff

YAU LEE CONSTRUCTION CO. LTD

1st Defendant

CHAN WING FAI formerly trading as WING FUNG CONSTRUCTION

2nd Defendant

Procedural Posture

Personal Injuries Action No. 234 of 2002 / Judgment

Legal Issues

  1. 1 Whether the 1st and 2nd defendants were negligent in failing to enforce safety despite provision of ladders
  2. 2 Whether the plaintiff was contributorily negligent and to what extent
  3. 3 Causation and apportionment given plaintiff's pre-existing spinal condition

Ratio Decidendi

Although ladders were available, both the main contractor and the employer failed to enforce safety procedures and turned a blind eye to workers climbing the tubular scaffold; that negligence caused the plaintiff's injuries. The plaintiff was contributorily negligent (30%) for choosing convenience to climb the scaffold. The court apportioned damages to reflect the pre-existing degenerative condition and contributory negligence and awarded judgment for the plaintiff in the sum of HKD 1,020,395.

Court Disposition

Judgment for the plaintiff against the 1st and 2nd defendants in the sum of HKD 1,020,395.00; costs nisi in favour of plaintiff, taxed if not agreed; plaintiff's own costs taxed in accordance with Legal Aid Regulations.

Orders

  • Judgment entered for the plaintiff in the sum of HKD 1,020,395.00
  • Defendants to pay the plaintiff's costs of the action (costs order nisi) to be taxed if not agreed