Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Causal inference
  • 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.