19 Mar 2004
YIP KING LEUNG v. CHINA INSPECTION CO LTD AND OTHERS
- Citation
- YIP KING LEUNG v. CHINA INSPECTION CO LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI1019/2001
Court found on balance of probabilities that the plaintiff himself lit a cigarette lighter beneath the sampling tool and that flame was the immediate cause of the explosion; the 1st defendant breached its non-delegable employer duty by failing to warn, train and require dampening/ventilation and is negligent; the 3rd defendant was negligent for failing to inform the carrier and ensure safe transportation; the 2nd defendant was not negligent given the information he had; plaintiff was 60% contributorily negligent; defendants' liability apportioned so that 1st bears 25% and 3rd 15% of the loss…