YEN PETER PAK VAN v. NISILK LTD AND ANOTHER

YEN PETER PAK VAN v. NISILK LTD AND ANOTHER

Plaintiff failed to prove defendants' negligence or breach of duty; objective CCTV evidence showed plaintiff did not look at the steps and lost balance by placing his foot too close to the tread edge, so the fall was an unfortunate accident rather than caused by staircase defects; claim dismissed and costs ordered to defendants.

Citation
[2023] HKDC 1445
Parties
Plaintiff: Yen Peter Pak Van; 1st Defendant: Nisilk Limited; 2nd Defendant: Savills Property Management Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 October 2023
Case Number
DCPI273/2021
Procedural Posture
Personal Injury (slip and Fall) / Judgment After Trial (deputy District Judge Decision)
Outcome
Claim dismissed. Costs to defendants to be taxed if not agreed with certificate for counsel. Order nisi to be made absolute 14 days from judgment unless varied.
Legal Topics
Slip and Fall, Negligence, Contributory Negligence, Causation, Quantum Damages
Source Language
EN
Tort Occupiers' Liability Personal Injury Building Regulations Slip and Fall Negligence Contributory Negligence Causation +1 more

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Parties

Yen Peter Pak Van

Plaintiff

Nisilk Limited

1st Defendant

Savills Property Management Limited

2nd Defendant

Procedural Posture

Personal Injury (slip and Fall) / Judgment After Trial (deputy District Judge Decision)

Legal Issues

  1. 1 Whether defendants were negligent or in breach of statutory duty under the Occupiers Liability Ordinance
  2. 2 Whether staircase design (tread depth and colour contrast) caused the fall
  3. 3 Whether non‑statutory design guidance (Design Manual/Best Practices) imposed a higher duty

Ratio Decidendi

Plaintiff failed to prove defendants' negligence or breach of duty; objective CCTV evidence showed plaintiff did not look at the steps and lost balance by placing his foot too close to the tread edge, so the fall was an unfortunate accident rather than caused by staircase defects; claim dismissed and costs ordered to defendants.

Court Disposition

Claim dismissed. Costs to defendants to be taxed if not agreed with certificate for counsel. Order nisi to be made absolute 14 days from judgment unless varied.

Orders

  • Claim dismissed
  • Costs to 1st and 2nd defendants to be taxed if not agreed, with certificate for counsel