WONG HEUNG WING WINGO v. JOHNSON CLEANING SERVICES CO LTD AND ANOTHER

WONG HEUNG WING WINGO v. JOHNSON CLEANING SERVICES CO LTD AND ANOTHER

Plaintiff failed to prove on balance that the defendants breached the occupier's duty or that any such breach caused the injuries; credible medical evidence established that plaintiff was likely to have fallen due to his serious medical conditions and the defendants had a reasonable cleaning regime and warnings; claim dismissed.

Citation
WONG HEUNG WING WINGO v. JOHNSON CLEANING SERVICES CO LTD AND ANOTHER
Parties
Plaintiff: WONG HEUNG WING WINGO; 1st Defendant: JOHNSON CLEANING SERVICES COMPANY LIMITED; 2nd Defendant: SECRETARY FOR JUSTICE for and on behalf of DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE DEPARTMENT
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 May 2017
Case Number
HCPI225/2013
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Action dismissed with costs to the Defendants
Legal Topics
Slip and Fall, Occupier's Duty of Care, Causation, Credibility of Witnesses, Assessment of Damages, Ketamine Related Medical Condition
Source Language
EN
Occupiers Liability Personal Injury Negligence Damages Evidence Slip and Fall Occupier's Duty of Care Causation +3 more

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Parties

WONG HEUNG WING WINGO

Plaintiff

JOHNSON CLEANING SERVICES COMPANY LIMITED

1st Defendant

SECRETARY FOR JUSTICE for and on behalf of DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE DEPARTMENT

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the slip and fall was caused by a hazardous condition of the lavatory floor
  2. 2 Whether the occupiers breached the common duty of care
  3. 3 Causation between any breach and the plaintiff's injuries

Ratio Decidendi

Plaintiff failed to prove on balance that the defendants breached the occupier's duty or that any such breach caused the injuries; credible medical evidence established that plaintiff was likely to have fallen due to his serious medical conditions and the defendants had a reasonable cleaning regime and warnings; claim dismissed.

Court Disposition

Action dismissed with costs to the Defendants

Orders

  • Action dismissed
  • Costs to the Defendants to be taxed if not agreed