LAM FONG AND OTHERS v. HUNG WAN CONSTRUCTION CO. LTD.

LAM FONG AND OTHERS v. HUNG WAN CONSTRUCTION CO. LTD.

The defendant failed to discharge the evidential burden on a balance of probabilities because safety measures were not reasonably maintained (large voids in safety netting, premature removal of netting near podium, inadequate warning system), such that the lethal grouting block most probably fell from Block 1 under the defendant's control, and therefore the defendant was negligent and liable for the fatality.

Citation
LAM FONG AND OTHERS v. HUNG WAN CONSTRUCTION CO. LTD.
Parties
Plaintiffs Administrators of Deceased's Estate: Lam Fong & Ho Kok Keong (administrators of the estate of Chan Kwok-sum; attorneys of Wong Yuet Yeung); Defendant Principal Contractor: Hung Wan Construction Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 February 1986
Case Number
HCA4942/1984
Procedural Posture
Fatal Accident / Personal Injury Negligence / Trial on Liability; Judgment Delivered (quantum Agreed)
Outcome
Judgment for plaintiffs on liability; total agreed damages merged under LARCO of HK$240,000 less employees' compensation of HK$168,000 leaving net award of HK$72,000; costs and interest awarded.
Legal Topics
Res Ipsa Loquitur, Duty of Care, Principal Contractor Liability, Adequacy of Site Safety Measures, Burden of Proof, Causation, Damages Calculation
Source Language
EN
Torts Construction Law Occupational Safety Statutory Compensation Res Ipsa Loquitur Duty of Care Principal Contractor Liability Adequacy of Site Safety Measures +3 more

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Parties

Lam Fong & Ho Kok Keong (administrators of the estate of Chan Kwok-sum; attorneys of Wong Yuet Yeung)

Plaintiffs Administrators of Deceased's Estate

Hung Wan Construction Co. Ltd.

Defendant Principal Contractor

Procedural Posture

Fatal Accident / Personal Injury Negligence / Trial on Liability; Judgment Delivered (quantum Agreed)

Legal Issues

  1. 1 Whether the defendant was negligent in failing to provide adequate safety measures on the construction site
  2. 2 Whether res ipsa loquitur applies and its effect on burden of proof
  3. 3 Whether the lethal object fell from the defendant's premises and, if so, whether that established liability

Ratio Decidendi

The defendant failed to discharge the evidential burden on a balance of probabilities because safety measures were not reasonably maintained (large voids in safety netting, premature removal of netting near podium, inadequate warning system), such that the lethal grouting block most probably fell from Block 1 under the defendant's control, and therefore the defendant was negligent and liable for the fatality.

Court Disposition

Judgment for plaintiffs on liability; total agreed damages merged under LARCO of HK$240,000 less employees' compensation of HK$168,000 leaving net award of HK$72,000; costs and interest awarded.

Orders

  • Judgment for the plaintiffs against the defendant on liability
  • Award of damages to plaintiffs: net sum of HKD 72,000 (after deduction of HKD 168,000 employees' compensation)