Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Diazinon
  • 31 Jul 1997

    KRISTAN BOWERS PHILLIPS v. INITIAL ENVIRONMENTAL SERVICES LTD AND OTHERS

    Citation
    KRISTAN BOWERS PHILLIPS v. INITIAL ENVIRONMENTAL SERVICES LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI580/1996

    Exposure to misted diazinon vapour entered the rehearsal hall on 21 June 1987, caused acute organophosphate poisoning and subsequent chronic neurological and psychiatric sequelae; Ciba (manufacturer/importer), WCH (distributor), Exclusive (contractor), the Academy (occupier) and the HKPO (employer) breached duties of care (including statutory labelling duties) and are liable; occupier’s independent contractor defence failed because the operation was inherently hazardous and occupier retained control; liability apportioned among defendants (Ciba 35%, WCH 20%, Exclusive 20%, APA 15%, HKPO 10%);…