Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Duty of care to pedestrians

  • 8 Nov 2002

    SIU LEUNG SING v. WONG FOOK WING AND ANOTHER

    Citation
    SIU LEUNG SING v. WONG FOOK WING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1096/1999

    The bus driver breached his duty by failing to keep a proper lookout and being distracted while negotiating the right turn, thereby causing the collision; the plaintiff was not contributorily negligent on the evidence; the plaintiff is entitled to full damages in the assessed sum.

    • Duty of care to pedestrians
    • Contributory negligence
    • Causation
    • Quantification of damages
    • Assessment of future care

  • 31 Oct 1980

    LAU CHOW LAM v. FUNG MONG YAN AND ANOTHER

    Citation
    LAU CHOW LAM v. FUNG MONG YAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA4716/1979

    The court found the first defendant's evidence unreliable, accepted the plaintiff's account that the pedestrian light favoured him, held the first defendant solely liable for the accident, and assessed damages for pain and suffering, special damages and future loss using accepted medical evidence and the multiplier method.

    • Duty of care to pedestrians
    • Causation
    • Assessment of damages
    • Credibility of witnesses
    • Vicarious/owner liability

  • 22 Nov 1973

    CHAN SHIU NIN v. TANG KAM HO AND ANOTHER

    Citation
    CHAN SHIU NIN v. TANG KAM HO AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1499/1973

    The court preferred the plaintiff's evidence and found the driver failed to keep a proper lookout and was negligent; however the wife's failure to warn was held attributable to the plaintiff because she was acting at his instance and for his benefit (treated as his agent/servant on the facts), therefore contributory negligence was apportioned 50% and the plaintiff's judgment was reduced by one half.

    • Duty of care to pedestrians
    • Standard of lookout
    • Assessment of damages
    • Imputation of agent's negligence to principal
    • Evidence and credibility

  • LEUNG YUN SHING v. LEE HEUNG AND ANOTHER

    Citation
    LEUNG YUN SHING v. LEE HEUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA2017/1970

    On the balance of probabilities the defendant was negligent: he drove too close to the pavement and struck the deceased while she remained on the pavement; the court preferred the independent police sergeant and eyewitness evidence over the defendant's account, found the defendant's explanations unreliable (including failure to report at the nearby police station and false truck-width claim), and therefore held the defendant liable and awarded damages accordingly.

    • Duty of care to pedestrians
    • Breach of duty
    • Causation
    • Failure to stop after accident
    • Assessment of damages
    • Credibility of witnesses