Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Common duty of care

Legal area

Court

6 Jul 2015

LO KA YUE v. LEUNG CHUN KIT AND ANOTHER

Citation

LO KA YUE v. LEUNG CHUN KIT AND ANOTHER
Court

District Court
Case number

DCPI1562/2012

Judge found plaintiff was bitten at the defendants' premises but plaintiff failed to prove the dog had a propensity to bite or that D1 knew of such propensity; D2 was not an occupier for OLO purposes; although D1 owed a common duty to visitors, there were no special circumstances making a bite reasonably foreseeable and therefore no breach of duty; claim dismissed and defendants entitled to costs.
14 Dec 1999

HSU LI YUN v. THE INCORPORATED OWNERS OF YUEN FAT BUILDING

Citation

HSU LI YUN v. THE INCORPORATED OWNERS OF YUEN FAT BUILDING
Court

Court of First Instance
Case number

HCPI786/1998

Occupier breached the common duty of care because the dangerous, obvious placement of electrical switchgear above a water tank should have been apparent on inspection and the occupier failed to take reasonable steps to check or remedy the obvious danger despite having employed a contractor; the fact the deceased created the dangerous state does not absolve the occupier; deceased held 75% contributorily negligent, leaving plaintiff entitled to 25% of assessed damages, totaling HKD 389,751 plus interest and costs.