LI CHI SING v. EQUAL LINK LTD

LI CHI SING v. EQUAL LINK LTD

On the balance of probabilities the defendant, as occupier, was negligent and breached statutory duty by allowing a wet and oily slippery floor without timely cleaning or warning; the defendant failed to prove contributory negligence; damages were assessed and awarded to the plaintiff in specified sums totaling $315,130 together with interest and costs orders.

Citation
LI CHI SING v. EQUAL LINK LTD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 March 2013
Case Number
DCPI1930/2011
Procedural Posture
Personal Injury/occupier's Liability (slip and Fall) / Judgment (trial in Absence)
Outcome
Judgment entered for plaintiff against defendant on liability and quantum.
Legal Topics
Slip and Fall, Contributory Negligence, Assessment of Damages, Interest, Costs
Source Language
EN
Tort Occupiers' Liability Negligence Personal Injury Civil Procedure Slip and Fall Contributory Negligence Assessment of Damages +2 more

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Procedural Posture

Personal Injury/occupier's Liability (slip and Fall) / Judgment (trial in Absence)

Legal Issues

  1. 1 Whether defendant was negligent at common law
  2. 2 Whether defendant breached statutory duty as occupier
  3. 3 Whether plaintiff was contributorily negligent

Ratio Decidendi

On the balance of probabilities the defendant, as occupier, was negligent and breached statutory duty by allowing a wet and oily slippery floor without timely cleaning or warning; the defendant failed to prove contributory negligence; damages were assessed and awarded to the plaintiff in specified sums totaling $315,130 together with interest and costs orders.

Court Disposition

Judgment entered for plaintiff against defendant on liability and quantum.

Orders

  • Judgment for the plaintiff against the defendant for damages totalling 315130 HKD
  • Award of general damages (PSLA) 220000 HKD