5 Jan 2024
LAU WAI CHUEN 對 WANG YIP CONSTRUCTION COMPANY LTD
- Citation
- [2024] HKDC 8
- Court
- District Court
- Case number
- DCPI1905/2019
The court rejected the plaintiff's account as not credible and accepted the defendant's evidence that reasonable steps (fencing, notices, barriers) were taken and the plank and hole were guarded; therefore defendant was not negligent or in breach of statutory duty. Alternatively, if the plaintiff's account were accepted, the plaintiff consciously chose a dangerous unapproved route and was contributorily negligent (apportioned at 30%), and after deducting that reduction and the prior employee compensation award the defendant would owe nothing.