LEUNG CHEUK HIN v. THE HONG KONG POLYTECHNIC UNIVERSITY

LEUNG CHEUK HIN v. THE HONG KONG POLYTECHNIC UNIVERSITY

Court found plaintiff did slip but failed to prove a prima facie case of defendant negligence because the towelling area was an area where wetness was to be expected, anti-slip tiles, mats and warning signs were ordinarily present, and contemporaneous cleaning and inspection records and reliable defence witnesses showed an adequate safety system; therefore defendant was not liable.

Citation
LEUNG CHEUK HIN v. THE HONG KONG POLYTECHNIC UNIVERSITY
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 August 2011
Case Number
DCPI682/2010
Procedural Posture
Negligence (personal Injury) / Judgment on Liability
Outcome
Claim dismissed; Defendant not liable.
Legal Topics
Slip and Fall, Duty of Care, Standard of Care, Inspection and Maintenance, Burden of Proof, Contributory Negligence, Safety Systems Adequacy
Source Language
EN
Tort Negligence Occupiers' Liability Civil Procedure Slip and Fall Duty of Care Standard of Care Inspection and Maintenance +3 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Negligence (personal Injury) / Judgment on Liability

Legal Issues

  1. 1 Did the Plaintiff slip and fall as alleged?
  2. 2 Was the accident caused by the negligence of the Defendant?
  3. 3 Should the Plaintiff be held contributory negligent?

Ratio Decidendi

Court found plaintiff did slip but failed to prove a prima facie case of defendant negligence because the towelling area was an area where wetness was to be expected, anti-slip tiles, mats and warning signs were ordinarily present, and contemporaneous cleaning and inspection records and reliable defence witnesses showed an adequate safety system; therefore defendant was not liable.

Court Disposition

Claim dismissed; Defendant not liable.

Orders

  • Claim dismissed.
  • Order nisi: Plaintiff shall pay Defendant costs of the action with certificate for Counsel, to be made absolute within 14 days.