IP WAN FUNG v. CHEUNG WING HONG t/a BILLION RESTAURANT CO

IP WAN FUNG v. CHEUNG WING HONG t/a BILLION RESTAURANT CO

The court accepted the plaintiff's credible uncontradicted evidence, found the defendant admitted occupier status and failed to explain the presence of a dangerous greasy substance or prove adequate warnings; consequently the defendant breached the duty of care and is liable for the plaintiff's injuries; contributory negligence was not established; damages were assessed and awarded as set out.

Citation
IP WAN FUNG v. CHEUNG WING HONG t/a BILLION RESTAURANT CO
Parties
Plaintiff: Mr. Ip; Defendant/occupier: Mr. Cheung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 June 2012
Case Number
DCPI1671/2010
Procedural Posture
Personal Injury Slip and Fall (occupiers' Liability) / Judgment (handing Down of Judgment)
Outcome
Judgment for the Plaintiff against the Defendant
Legal Topics
Slip and Fall, Occupier's Duty of Care, Warning Notices, Causation, Quantum of Damages, Interest and Costs
Source Language
EN
Tort Occupiers' Liability Personal Injury Civil Procedure (costs) Slip and Fall Occupier's Duty of Care Warning Notices Causation +2 more

Case Brief

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Parties

Mr. Ip

Plaintiff

Mr. Cheung

Defendant/occupier

Procedural Posture

Personal Injury Slip and Fall (occupiers' Liability) / Judgment (handing Down of Judgment)

Legal Issues

  1. 1 Whether the defendant as occupier breached the duty of care to the plaintiff
  2. 2 Whether any warning notice discharged the occupier's duty
  3. 3 Nature and cause of the slippery substance and causation

Ratio Decidendi

The court accepted the plaintiff's credible uncontradicted evidence, found the defendant admitted occupier status and failed to explain the presence of a dangerous greasy substance or prove adequate warnings; consequently the defendant breached the duty of care and is liable for the plaintiff's injuries; contributory negligence was not established; damages were assessed and awarded as set out.

Court Disposition

Judgment for the Plaintiff against the Defendant

Orders

  • Judgment entered for the Plaintiff in the sum of $620,140 HKD
  • Interest: half judgment rate on special damages from date of accident; 2% on general damages from date of writ to date of judgment and thereafter at judgment rate until full payment