TSANG WAI SIM 對 NIKKIN LIFTS AND ESCALATORS LTD 及另一人

TSANG WAI SIM 對 NIKKIN LIFTS AND ESCALATORS LTD 及另一人

First defendant, as the maintenance contractor, failed to prove it performed adequate periodic inspections or maintenance; the lift was unsafe and a sensor malfunction caused the 2-inch gap, so first defendant breached common law duty and specific statutory duties under Cap.618 (ss12(1),15(2)(b),22(1)); Occupiers...

Source-derived case information.

Citation
[2022] HKDC 256
Parties
Plaintiff: TSANG WAI SIM; First Defendant: NIKKIN LIFTS AND ESCALATORS LIMITED; Second Defendant: MAIN SHINE DEVELOPMENT LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 April 2022
Case Number
DCPI2456/2019
Procedural Posture
Personal Injury / Judgment
Outcome
Judgment for the plaintiff against the first defendant
Legal Topics
Elevator Maintenance, Duty of Care, Lifts and Escalators Ordinance, Occupiers Liability Ordinance, Quantum of Damages
Source Language
ch
Personal Injury Occupiers Liability Statutory Duty Contractual Liability Negligence Elevator Maintenance Duty of Care Lifts and Escalators Ordinance +2 more

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Parties

TSANG WAI SIM

Plaintiff

NIKKIN LIFTS AND ESCALATORS LIMITED

First Defendant

MAIN SHINE DEVELOPMENT LIMITED

Second Defendant

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether first defendant breached common law duty of care to users of the lift
  2. 2 Whether Occupiers Liability Ordinance applied to make defendant an occupier
  3. 3 Whether first defendant breached statutory duties under the Lifts and Escalators Ordinance (Cap.618)

Ratio Decidendi

First defendant, as the maintenance contractor, failed to prove it performed adequate periodic inspections or maintenance; the lift was unsafe and a sensor malfunction caused the 2-inch gap, so first defendant breached common law duty and specific statutory duties under Cap.618 (ss12(1),15(2)(b),22(1)); Occupiers Liability Ordinance was inapplicable on facts and defendant was liable to plaintiff for damages, with specified deductions and interest.

Court Disposition

Judgment for the plaintiff against the first defendant

Orders

  • First defendant shall pay plaintiff general damages (PSLA) HKD 250000
  • First defendant shall pay plaintiff pre-trial loss of earnings HKD 154014