In a workplace injury claim over a hydraulic shearing machine, the court found the employer liable for failing to provide a safe system of work, with 10% contributory negligence.
The District Court dismissed a chauffeur’s personal injury claim after finding she failed to prove how the accident happened and that her evidence was unreliable.
The court assessed damages for two injured scaffolders after a scaffold collapse, accepting their evidence and awarding pre-trial and future loss of earnings, plus loss of earning capacity for P1.
Personal injury trial over a scaffolding plank accident at a Hong Kong construction site. The court found the 1st defendant vicariously liable, but the claim was offset by prior employees’ compensation.
Employers’ liability personal injury claim over a slip on a hillslope. The District Court found the defendant 100% liable and awarded HK$63,340 plus interest.
Where work being undertaken will necessarily or has a real and substantial possibility of touching, disturbing or interfering with asbestos-containing material, that work 'involves' handling or processing asbestos within s.75(1) Cap.311; on the facts removal of the false ceiling posed such a substantial risk to the aged, closely located asbestos-containing duct and appellants failed to establish the common law defence of honest and reasonable belief, so convictions and fines were properly upheld.
Source excerpt
Asbestos regulation
Air pollution control ordinance
Strict liability offences
Common law defence of honest and reasonable belief
The District Court refused late discovery of three documents, but allowed an amended witness statement from the defendant because it was relevant and would not unduly prejudice the trial.
Late discovery
Witness evidence
Leave to serve witness statement
Negligence
Statutory duties under occupational safety and health ordinance (cap 509)
The court found the defendant liable for negligence and breach of statutory duty after a worker was injured by a plugged-in drill hidden under plastic bags.