23 Aug 2023
Court found on balance that the washroom floor was wet due to inadequate and improperly supervised cleaning by the employer's cleaner; employer breached its non-delegable duty and is vicariously liable for the cleaner's negligence; plaintiff was not contributorily negligent; damages awarded but reduced by 15% for pre-existing cervical/lumbar degeneration.
23 Dec 2005
The 1st defendant, as employer, breached a non‑delegable duty by failing to provide a safe system/place of work and necessary safety equipment; the 2nd defendant, as occupier/main contractor, breached its common duty of care under the Occupiers' Liability Ordinance by leaving an unguarded top edge and failing to provide reasonable safeguards; plaintiff's contributory negligence was found at 10% as a secondary cause; damages awarded accordingly.
20 Feb 1995
Court found D2 breached its duty of care as employer and breached an implied contractual term to take care for the plaintiff's safety; D1 breached Regulations 38L (working platform requirements) and 38A (keeping place safe) and was therefore liable as occupier/principal contractor; D3 was not liable under common law or the Ordinance on the facts; plaintiff held contributorily negligent to the extent of 30%; damages quantified and judgment entered against D1 and D2 for HKD 969,193.00 (after credits and 30% reduction).