ZHAO HUIJUN v. WILSON PARKING (HOLDINGS) LTD AND OTHERS

ZHAO HUIJUN v. WILSON PARKING (HOLDINGS) LTD AND OTHERS

On balance of probabilities the plaintiff slipped and fell on staircase No.1 on 12 November 2016 due to a wet surface (water); the defendants as occupiers/employer failed to show an adequate system to prevent such hazard and are therefore liable; plaintiff's contributory negligence assessed at 10%; credit given for...

Source-derived case information.

Citation
[2023] HKDC 591
Parties
Plaintiff: Zhao Huijun; 1st Defendant (employer/subcontractor): Wilson Parking (Holdings) Limited; 2nd and 3rd Defendants (owners/principal Contractor): Link Properties Limited; Link Asset Management Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 May 2023
Case Number
DCPI3534/2019
Procedural Posture
Personal Injuries Action / Judgment After Trial (district Court)
Outcome
Judgment for plaintiff against defendants for HK$249,614.46 plus interest; 1st defendant's counterclaim dismissed; costs order nisi in favour of plaintiff
Legal Topics
Slip and Fall, Damages Assessment, Contributory Negligence, Res Judicata/estoppel, Employees' Compensation, Expert Medical Evidence, Psychiatric Injury
Source Language
en
Personal Injury Occupiers' Liability Negligence Employment Law Employers' Liability Slip and Fall Damages Assessment Contributory Negligence +4 more

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Parties

Zhao Huijun

Plaintiff

Wilson Parking (Holdings) Limited

1st Defendant (employer/subcontractor)

Link Properties Limited; Link Asset Management Limited

2nd and 3rd Defendants (owners/principal Contractor)

Procedural Posture

Personal Injuries Action / Judgment After Trial (district Court)

Legal Issues

  1. 1 Whether the plaintiff slipped and fell on the staircase on 12 November 2016
  2. 2 Whether the slip was caused by wet/slippery substance (lemon slices or water)
  3. 3 Whether each defendant (employer and occupiers) was liable

Ratio Decidendi

On balance of probabilities the plaintiff slipped and fell on staircase No.1 on 12 November 2016 due to a wet surface (water); the defendants as occupiers/employer failed to show an adequate system to prevent such hazard and are therefore liable; plaintiff's contributory negligence assessed at 10%; credit given for prior employees' compensation payment; judgment for plaintiff in net sum HK$249,614.46 plus ordered interest and costs; D1 barred from denying occurrence inconsistent with prior consent interlocutory judgment.

Court Disposition

Judgment for plaintiff against defendants for HK$249,614.46 plus interest; 1st defendant's counterclaim dismissed; costs order nisi in favour of plaintiff

Orders

  • Judgment entered against the defendants in the sum of HK$249,614.46
  • Interest on general damages at 2% per annum from date of service of writ until judgment and thereafter at judgment rate until payment in full