Hong Kong Case Law: Decisions & Judgments

Topic

Burn injuries

Legal area

Court

10 Jul 2012

PUK CHUNG YU v. LAM SHUI KEUNG AND ANOTHER

Citation

PUK CHUNG YU v. LAM SHUI KEUNG AND ANOTHER
Court

District Court
Case number

DCPI798/2011

The plaintiff proved permanent disfiguring burn injuries and associated treatment; PSLA awarded at HK$400,000 based on comparators and circumstances of a minor; special damages were limited to items evidenced or reasonably estimated (HK$27,004); future private-sector medical costs were allowed only to the extent supported by the expert's private-sector estimates (HK$23,000) while speculative ancillary sums were disallowed; interest and costs were awarded accordingly.
22 Oct 2003

LEUNG KA YEE v. L & Y BEAUTY CENTRE LTD

Citation

LEUNG KA YEE v. L & Y BEAUTY CENTRE LTD
Court

District Court
Case number

DCPI196/2003

Based on medical evidence diagnosing second-degree burns, the extent and persistence of scarring, two months of significant pain and proven special expenses, and having regard to comparative authorities, the court awarded $75,000 for pain, suffering and loss of amenities and $3,880 for special damages, totaling $78,880, with interest and costs to the plaintiff.
15 Jan 2003

WONG PO KIN v. HOPEWELL CONSTRUCTION CO. LTD. AND OTHERS

Citation

WONG PO KIN v. HOPEWELL CONSTRUCTION CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI406/2001

Master accepted plaintiff's qualification as a steel bender and the occupational therapist's evidence that the burn injuries caused a residual, material but not severe impairment of left-hand strength; defendants' failure to produce contrary medical evidence meant the plaintiff's impairment and its effects were established; plaintiff's market optimism was reduced by evidence, therefore loss of earnings was assessed as a 50% loss of a notional full pre-accident income stream; awarded PSLA HKD 240,000, pre-trial and post-trial loss figures on a 50% chance basis, loss of earning capacity HKD 80,…
12 Oct 2001

LEUNG HING SUM v. YAU LEE CONSTRUCTION CO. LTD. AND OTHERS

Citation

LEUNG HING SUM v. YAU LEE CONSTRUCTION CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI422/2000

On assessment the court quantified specific heads of damage (HK$540,000 general damages; HK$723,932 pre-trial earnings; HK$946,596 future earnings; specified special damages and future medical costs), adopted a multiplier of 7 for future loss based on age and employment prospects, allowed specified special items after scrutiny, gave credit for HK$556,586.49 awarded under the Employees' Compensation Ordinance, and ordered net common law damages of HK$1,816,203 with specified interest and costs nisi.
13 Jan 2000

CHEANG KAM IAN v. HONG KONG PRIME PRINTING CO.

Citation

CHEANG KAM IAN v. HONG KONG PRIME PRINTING CO.
Court

Court of First Instance
Case number

HCPI143/1998

Plaintiff failed to prove defendant's negligence in causing the solvent to be on his trousers and, in any event, the plaintiff was warned and then deliberately attempted to light a cigarette such that his act was a novus actus interveniens breaking the chain of causation; accordingly the claim is dismissed.
29 Sept 1999

WONG TUNG MING v. HO CHUI YING

Citation

WONG TUNG MING v. HO CHUI YING
Court

Court of First Instance
Case number

HCPI88/1997

The defendants (2nd and 3rd) were negligent in lighting naked flames near highly inflammable thinner vapour despite warning; the owners (1st and 2nd) as occupiers owed a duty to prevent such risks and breached it; the plaintiff was not contributorily negligent; accordingly judgment for the plaintiff with quantified damages.
2 Mar 1995

CHUI WING LAI v. CHUNG DOK RESTAURANT LTD. and PANG HEUNG LIN (Third Party)

Citation

CHUI WING LAI v. CHUNG DOK RESTAURANT LTD. and PANG HEUNG LIN (Third Party)
Court

Court of First Instance
Case number

HCA3177/1989

Master found injuries equated to the serious injury category (not substantial) with extensive disfiguring scarring but no functional disability; applied comparative authority CHUN YAT NAM for general damages and CHU TIK KWAN for a separate cosmetic award (adjusted for inflation), accepted some psychological treatment but rejected extreme prognoses, allowed quantified special damages (including parents' loss of earnings calculated per Donnelly), deducted interim payment, awarded interest at specified rates and reserved future operations and loss of future earnings.
22 Jun 1989

CHU TIK KWAN v. LIU TIK FOR t/a WING KWONG METAL SPRAYING WORKSHOP

Citation

CHU TIK KWAN v. LIU TIK FOR t/a WING KWONG METAL SPRAYING WORKSHOP
Court

Court of First Instance
Case number

HCA2623/1988

On unchallenged evidence the Master accepted the medical opinion that the plaintiff sustained extensive burns with 65% permanent disability and is unlikely to obtain remunerative employment; assessed general damages at $200,000 for pain, suffering and loss of amenities and $120,000 for cosmetic disability, awarded future loss of earnings of $560,820 using a multiplier of 9, allowed future electricity costs and awarded specified special damages; awarded interest at 2% on general damages from date of writ and 4% on special damages from date of accident and ordered costs to be taxed.