CHENG KWING YEUNG v. HONG KONG HAM HOLDINGS LTD

CHENG KWING YEUNG v. HONG KONG HAM HOLDINGS LTD

The court found the plaintiff's fall was caused by his own carelessness in stepping on the water hose he had placed, not by any proven slippery condition of the employer's premises; the plaintiff failed to prove the pleaded hazards and causation, so the defendant was not liable and the claim was dismissed.

Citation
CHENG KWING YEUNG v. HONG KONG HAM HOLDINGS LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 May 2013
Case Number
DCPI736/2011
Procedural Posture
Personal Injury (workplace Accident) / Judgment (trial)
Outcome
claim dismissed
Legal Topics
Slip and Fall, Causation, Breach of Duty, Credibility of Evidence, Pleading and Proof, Costs Assessment
Source Language
EN
Personal Injury Negligence Employer/occupier Liability Costs Slip and Fall Causation Breach of Duty Credibility of Evidence +2 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury (workplace Accident) / Judgment (trial)

Legal Issues

  1. 1 Whether the defendant was negligent in maintaining a safe workplace and caused the plaintiff's injury
  2. 2 Whether the plaintiff's own conduct (tripping on a hose) was the sole cause of his fall
  3. 3 Whether the plaintiff proved pleaded facts about floor slipperiness, oil, and grease

Ratio Decidendi

The court found the plaintiff's fall was caused by his own carelessness in stepping on the water hose he had placed, not by any proven slippery condition of the employer's premises; the plaintiff failed to prove the pleaded hazards and causation, so the defendant was not liable and the claim was dismissed.

Court Disposition

claim dismissed

Orders

  • Claim dismissed
  • Plaintiff to pay defendant's costs, to be taxed, with certificate for counsel