Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Warning adequacy

Legal area

Court

6 Mar 2009

FU CHEUNG CHUN TOM v. MTR CORPORATION LTD

Citation

FU CHEUNG CHUN TOM v. MTR CORPORATION LTD
Court

District Court
Case number

DCPI1707/2005

On the evidence the operator followed standard procedure, broadcast the warning and beeping alarm, and the door control and indicator systems were functioning and observable by the operator; the CCTV shows a brief nipping lasting a few seconds and the plaintiff's account was exaggerated; absent expert proof the door system was unsafe; accordingly MTR's duty was discharged and liability not established (claim dismissed).
16 Oct 2001

MARLENE SUSANNE COURBET v. MANDARIN DIVERS MARINE SERVICES LTD. AND OTHERS

Citation

MARLENE SUSANNE COURBET v. MANDARIN DIVERS MARINE SERVICES LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI677/2000

The 3rd defendant was negligent in opening and leaving an unprotected hatchway with only a verbal warning; the 1st and 2nd defendants were vicariously liable and as occupiers breached their duty to visitors; the 1st defendant also breached an implied contractual duty; plaintiff was 20% contributorily negligent; aggregate damages were assessed and reduced by 20% yielding judgment for the plaintiff in the stated sum with specified interest and costs nisi.