26 Feb 2004
LAM FUNG YING AND ANOTHER v. LUI KWOK FU
- Citation
- LAM FUNG YING AND ANOTHER v. LUI KWOK FU
- Court
- Court of First Instance
- Case number
- HCPI826/2002
Judge found on the facts that the deceased was an employee of the defendant and not a partner; the scaffold on the external wall was a construction site within the meaning of the legislation; the defendant as contractor and employer owed absolute, non-delegable statutory and common law duties to ensure safety and to provide safety equipment and breached those duties by failing to provide safety equipment (eg safety belt) and by accepting the scaffold conditions; the defendant's breach caused the fatal fall; the defendant failed to prove the third party's breach (absence of toe-boards) caused…
- Construction sites (safety) regulations (cssr)
- Factories and industrial undertakings ordinance (definition of construction work)
- Non-delegable duty of contractor and employer
- Implied contractual term as to safe working order
- Hearsay evidence weighting (evidence ordinance s.49)
- Assessment of dependency and damages