Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Manufacturer liability

  • 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
    HCA1561/1980

    On the balance of probabilities the explosion was caused by LPG leaked from one or both apparently empty Gulf cylinders due to defective 1977 valve design; HK Oil Co. as manufacturer knew or ought to have known that residue in 'empty' cylinders posed a hidden danger and failed to warn and supplied cylinders with a valve liable to leak; Hip Sang as distributor had a proactive role (oral instruction and handing of guidance card) and failed to warn or ensure safety; the carrier acted merely gratuitously and is not liable; contributory negligence was not established; therefore manufacturer and di…

  • 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
    HCA1559/1980

    On the balance of probabilities the explosion was caused by LPG residue leaking from one or both apparently empty Gulf cylinders; HK Oil Co., as manufacturer, failed to warn consumers of the hidden danger and supplied cylinders with a valve design prone to leakage; Hip Sang, as distributor who advised customers and supplied the cylinders, failed to discharge its higher duty to warn and check; Kam Shing/Kwok was a gratuitous carrier and not liable; contributory negligence by the plaintiffs was not proved.

  • 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
    HCA1562/1980

    On the balance of probabilities the Court found LPG leaked from one or both apparently empty cylinders and ignited; HK Oil Co. as manufacturer was liable for negligence for providing cylinders with defective 1977 valve design and failing to warn consumers that 'empty' cylinders retained dangerous residue; Hip Sang as distributor had a duty to warn and to ensure safe condition and failed to discharge that duty and was likewise liable; Kam Shing/Mr Kwok was a gratuitous carrier who merely delivered the cylinders in the condition received and was not liable; defendants failed to prove contributo…