Hong Kong Case Law: Decisions & Judgments

Topic

Failure to warn

Legal area

Court

18 Dec 2018

CHEUNG CHUNG v. SOFTTRANS SUPPLY CHAIN (HONGKONG) CO LTD

Citation

[2018] HKCFI 2781
Court

Court of First Instance
Case number

HCPI954/2016

The plaintiff's evidence was not credible given material inconsistencies with contemporaneous medical records and surveillance footage; he failed to prove the accident occurred as pleaded; accordingly the claim is dismissed. Alternatively, even if the accident had occurred, there was no breach by the employer in training or warning and the plaintiff would be 25% contributorily negligent; the assessed quantum (PSLA $100,000; pre-trial loss $34,132.40; special $5,000) when reduced for contributory negligence and offset by employees' compensation results in no payable damages.
9 Nov 2016

CHEN QINGQIANG v. CHAN YAT HONG t/a HOI YAT CONSTRUCTION ENGINEERING

Citation

CHEN QINGQIANG v. CHAN YAT HONG t/a HOI YAT CONSTRUCTION ENGINEERING<br>
Court

Court of First Instance
Case number

HCPI238/2015

Although the Third Parties were deemed to have admitted creating an unsafe illegal roof and failing to warn, the court found their defaults were not factually causative of the plaintiff's injuries and that the defendants (employer/contractor) were substantially more blameworthy and causative; accordingly it was not just and equitable to order contribution by the Third Parties.
5 Aug 2008

LI YIK WING v. SECRETARY FOR JUSTICE

Citation

LI YIK WING v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCPI565/2006

Court preferred plaintiff's account over defendant witnesses and found defendant liable in negligence for (1) oil on the platform causing the slip, (2) allowing a forklift on the platform which caused the pallet to aggravate the fall, and (3) failure to warn of the platform gap; no contributory negligence found; damages assessed on findings of physical injury and an adjustment disorder rather than somatoform disorder.
16 Jun 2005

KONG WAI TSANG v. HOSPITAL AUTHORITY

Citation

KONG WAI TSANG v. HOSPITAL AUTHORITY
Court

Court of Final Appeal
Case number

FAMV3/2005

Leave to appeal to the Court of Final Appeal was granted limited to the issue whether a case of negligent failure to warn is reasonably arguable; the court held negligent treatment was not reasonably arguable on the materials, but the applicant should be permitted to seek reinstatement and leave to plead negligent failure to warn before the Court of Final Appeal.
1 Mar 2005

KONG WAI TSANG v. HOSPITAL AUTHORITY

Citation

KONG WAI TSANG v. HOSPITAL AUTHORITY
Court

Court of Appeal
Case number

CACV76/2004

Leave to appeal was refused because the factual and pleading basis for a failure‑to‑warn/informed‑consent claim was not properly before the court, the case involved emergency treatment distinct from the elective‑surgery context of Chester v Afshar, and the plaintiff failed to establish causation; therefore no point of law of sufficient general importance warranted certification to the Court of Final Appeal.
17 Mar 1988

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

Citation

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS
Court

Court of First Instance
Case number

HCA1560/1980

On the balance of probabilities the court found the explosion was caused by LPG residue leaking from one or both of two apparently empty Gulf cylinders due to defective 1977 Gulf valves; HK Oil Co. (manufacturer) failed to warn consumers and supplied cylinders with a valve design liable to become defective; Hip Sang (distributor) failed to discharge its higher duty as distributor to ensure safe condition and to warn customers; the first defendant was merely a gratuitous carrier and not liable; no contributory negligence was proven; accordingly Hip Sang and Hong Kong Oil Co. are liable in negl…
17 Mar 1988

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

Citation

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS
Court

Court of First Instance
Case number

HCA1563/1980

On the facts the court found it more probable than not that LPG residue leaked from the two apparently empty Gulf cylinders through defective valves into the Engine Room and was ignited; the manufacturer (Hong Kong Oil Co. Ltd.) failed to design safe valves and failed to warn of the hidden danger; the distributor (Hip Sang) failed to discharge its higher duty to customers of dangerous goods by not warning and not ensuring safety; the carrier (Kam/Kam Shing) was only a gratuitous carrier and not liable; contributory negligence was not established.
17 Mar 1988

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

Citation

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS
Court

Court of First Instance
Case number

HCA1558/1980

Court found on balance of evidence that LPG residue from one or both apparently empty Gulf cylinders leaked into the engine room and ignited; manufacturer (HK Oil Co.) was negligent for fitting defectively designed 1977 valves and failing to warn consumers; distributor (Hip Sang) was negligent for failing to warn and for insufficient checking given the dangerous nature of the goods; carrier (Kam Shing/Mr Kwok) was a gratuitous carrier and not liable; no contributory negligence by plaintiffs proven.