WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS

WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS

The court accepted the plaintiff's evidence and found the primary cause of the fall was pork residues deposited by the 3rd defendant's staff, with the wet floor a contributing factor; the 3rd defendant was therefore liable and vicariously responsible for its worker's acts. The 2nd defendant (cleaning contractor) and 1st defendant (property manager/occupier) had implemented reasonable cleaning and supervisory systems and were not in breach. The plaintiff was 15% contributorily negligent. Damages were assessed and apportioned accordingly.

Citation
WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS
Parties
Plaintiff: Wong Hin Chuen; 1st Defendant (property Manager/occupier): Wang On Majorluck Limited; 2nd Defendant (cleaning Contractor): Choi Wu Tong trading as Chuen Yuen Cleaning & Pest Control Service Company; 3rd Defendant (stall Owner/operator): Greatest Wealth Limited trading as g>e
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 December 2016
Case Number
DCPI58/2015
Procedural Posture
Personal Injuries Action / Trial Judgment (district Court)
Outcome
Judgment for plaintiff against the 3rd defendant in part; 3rd defendant held liable for 85% of assessed damages. 1st and 2nd defendants found not liable. Plaintiff held 15% contributorily negligent.
Legal Topics
Slip and Fall, Vicarious Liability, Contributory Negligence, Duty to Inspect and Maintain Common Areas, Apportionment of Damages, Quantum of Damages
Source Language
EN
Tort Negligence Occupiers' Liability Personal Injury Law Slip and Fall Vicarious Liability Contributory Negligence Duty to Inspect and Maintain Common Areas +2 more

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Parties

Wong Hin Chuen

Plaintiff

Wang On Majorluck Limited

1st Defendant (property Manager/occupier)

Choi Wu Tong trading as Chuen Yuen Cleaning & Pest Control Service Company

2nd Defendant (cleaning Contractor)

Greatest Wealth Limited trading as g>e

3rd Defendant (stall Owner/operator)

Procedural Posture

Personal Injuries Action / Trial Judgment (district Court)

Legal Issues

  1. 1 What caused the plaintiff's fall (pork residues vs general wet floor)
  2. 2 Whether the 3rd defendant (stall) was negligent and vicariously liable for its employee
  3. 3 Whether the 2nd defendant (cleaning contractor) breached duty in maintaining market cleanliness

Ratio Decidendi

The court accepted the plaintiff's evidence and found the primary cause of the fall was pork residues deposited by the 3rd defendant's staff, with the wet floor a contributing factor; the 3rd defendant was therefore liable and vicariously responsible for its worker's acts. The 2nd defendant (cleaning contractor) and 1st defendant (property manager/occupier) had implemented reasonable cleaning and supervisory systems and were not in breach. The plaintiff was 15% contributorily negligent. Damages were assessed and apportioned accordingly.

Court Disposition

Judgment for plaintiff against the 3rd defendant in part; 3rd defendant held liable for 85% of assessed damages. 1st and 2nd defendants found not liable. Plaintiff held 15% contributorily negligent.

Orders

  • 3rd defendant to pay the plaintiff HKD 265,924.20
  • Interest at 4% p.a. on HKD 9,224.20 (which is 85% of HKD 10,852) from 16 May 2012 to judgment date