11 May 2009
LAI KING YIU v. ACCIONA INFRAESTRUCTUREAS, S.A. AND OTHERS
- Citation
- LAI KING YIU v. ACCIONA INFRAESTRUCTUREAS, S.A. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI444/2008
Court found on the facts that the plaintiff suffered noise induced deafness causally linked to work on the Ma On Shan Line; the 5th and 6th defendants as employers were liable for failing to implement a safe system of work and to prevent excessive noise exposure and the 1st–4th defendants as persons responsible for the workplace breached statutory duty under s.7 Cap.509; the hammering process described by the plaintiff was accepted; plaintiff was contributorily negligent to a limited extent and damages were awarded but reduced by 15% for contributory negligence.
- Noise induced hearing loss
- Employer liability for safe system of work
- Statutory duty under occupational safety and health ordinance cap.509 s.7
- Contributory negligence and apportionment
- Assessment of damages (psla, loss of earnings)