LO KWOK KIT SAM v. LEUNG KWOK HUNG t/a KAISER (M&E) DECORATION ENGINEERING CO AND ANOTHER

LO KWOK KIT SAM v. LEUNG KWOK HUNG t/a KAISER (M&E) DECORATION ENGINEERING CO AND ANOTHER

Plaintiff failed to prove on the balance of probabilities that he stepped on a slippery pipe and slipped as pleaded; contemporaneous records and medical notes supported that he fell from a ladder without reference to a slippery pipe; accordingly his claim failed and was dismissed in its entirety.

Citation
[2025] HKDC 495
Parties
Plaintiff: Lo Kwok Kit Sam; 1st Defendant: Leung Kwok Hung trading as KAISER (M&E) DECORATION ENGINEERING CO; 2nd Defendant: Shinryo (Hong Kong) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 March 2025
Case Number
DCPI983/2020
Procedural Posture
Personal Injuries Action / Judgment After Trial
Outcome
Plaintiff's claims dismissed in their entirety
Legal Topics
Slip and Fall, Causation, Contributory Negligence, Quantum of Damages, Credibility of Witnesses, Employees' Compensation
Source Language
EN
Personal Injury Employers' Liability Occupational Safety Evidence Slip and Fall Causation Contributory Negligence Quantum of Damages +2 more

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Parties

Lo Kwok Kit Sam

Plaintiff

Leung Kwok Hung trading as KAISER (M&E) DECORATION ENGINEERING CO

1st Defendant

Shinryo (Hong Kong) Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff proved the incident occurred as pleaded (stepped on a slippery pipe while descending a ladder)
  2. 2 Whether the 1st and/or 2nd defendants were negligent or in breach of duty
  3. 3 Whether the plaintiff was contributorily negligent

Ratio Decidendi

Plaintiff failed to prove on the balance of probabilities that he stepped on a slippery pipe and slipped as pleaded; contemporaneous records and medical notes supported that he fell from a ladder without reference to a slippery pipe; accordingly his claim failed and was dismissed in its entirety.

Court Disposition

Plaintiff's claims dismissed in their entirety

Orders

  • Order nisi that the plaintiff do pay the 1st and 2nd defendants' costs of the action including all costs reserved, to be taxed if not agreed on an indemnity basis with certificate for one counsel
  • The plaintiff's own costs to be taxed in accordance with the Legal Aid Regulations