30 Jul 2010
TSOI KWOK KUEN v. CHAN WAH HIN
- Citation
- TSOI KWOK KUEN v. CHAN WAH HIN
- Court
- Court of First Instance
- Case number
- HCPI1019/2005
On the balance of probabilities the court found the accident was caused by the bursting of the rear right tyre; the defendant, who had exclusive control of the vehicle, failed to produce an acceptable explanation or evidence of proper tyre maintenance consistent with reasonable care (documents and witnesses absent and credibility issues with his evidence); accordingly negligence was inferred and the defendant held liable, subject to a 20% reduction for the plaintiff's contributory negligence in not wearing a seat belt.