Hong Kong Case Law: Decisions & Judgments

Topic

Duty to provide safe system of work

Legal area

Court

1 Aug 2022

YEUNG CHI LUN GREGORY 對 THE SECRETARY FOR JUSTICE for and on behalf of POSTMASTER GENERAL

Citation

[2022] HKDC 780
Court

District Court
Case number

DCPI2771/2020

The court held the defendant employer was negligent for failing to ensure adequate inspection and maintenance and a safe system regarding the trolley, but the plaintiff was contributorily negligent to the extent of 40% for operating the trolley with its sides opened such that the support failed; assessed damages after apportionment totalled HK$57,699.19 but were entirely offset by a prior employees' compensation award of HK$355,447.93, leaving no payable damages and the claim dismissed.
16 Aug 2019

YIU YUEN YEE v. JOHNSON CLEANING SERVICES CO LTD

Citation

[2019] HKDC 1110
Court

District Court
Case number

DCPI2479/2016

Defendant was liable because the practice at the Site exposed cleaners to dumped debris which the employer should have foreseen and prevented; however the plaintiff was 50% contributorily negligent for failing to seek assistance or adopt safer alternatives, so damages were reduced accordingly and assessed on the evidence resulting in a net award of HK$242,647.50 plus interest.
17 Jul 2015

WONG MAN KIN v. GOLDEN WHEEL (C&HK) TRANSPORTATION CO LTD (In Liquidation)

Citation

WONG MAN KIN v. GOLDEN WHEEL (C&HK) TRANSPORTATION CO LTD (In Liquidation)
Court

Court of First Instance
Case number

HCPI913/2011

Court found defendant negligent for failing to provide a safe means of access and egress (no suitable ladder); plaintiff's fall on wet bumper bar caused the significant L5/S1 disc extrusion and most of his present condition; plaintiff was contributorily negligent to the extent of 25%; damages assessed accordingly with specified awards for PSLA, past and future loss and special damages, reduced by contributory negligence and offset by employees' compensation.
14 Oct 2014

WONG KWOK FAI v. THE KOWLOON MOTOR BUS CO (1933) LTD

Citation

WONG KWOK FAI v. THE KOWLOON MOTOR BUS CO (1933) LTD
Court

Court of First Instance
Case number

HCPI177/2012

Defendant discharged its duty by providing properly maintained, power-assisted buses and there was no objective evidence that LX9965 was defective or unreasonably heavier; absent such evidence and given the limited duty to provide safe, maintained buses, defendant not negligent and common law claim dismissed.
8 Nov 2011

HO FOON CHEUNG v. SHUN YIP ENGINEERING CO LTD

Citation

HO FOON CHEUNG v. SHUN YIP ENGINEERING CO LTD
Court

Court of Appeal
Case number

CACV33/2011

The Court of Appeal held that the employer breached its duty by failing to warn or instruct the employee not to cross the rooftop pipes by stepping on them and that absence of training or warning was sufficient to ground liability because a reasonably careful employer should have foreseen the specific hazard and provided a safe system or instruction.
11 Nov 2010

CHUNG YUEN YEE v. SAM WOO BORE PILE FOUNDATION LTD

Citation

CHUNG YUEN YEE v. SAM WOO BORE PILE FOUNDATION LTD
Court

Court of First Instance
Case number

HCPI1053/2006

The accident resulted from two independent categories of negligence — lack of supervision/safe system of work (predominant, 80%) and provision of a defective chain (secondary, 20%). Apportionment among defendants is D1 10%, D2 10%, D3 20%, D4 60%. The deceased was 20% contributorily negligent. Defendants remain jointly and severally liable to the plaintiff.
2 Oct 2007

TING SIU YAN v. MENZIES AVIATION (HONG KONG) LTD

Citation

TING SIU YAN v. MENZIES AVIATION (HONG KONG) LTD
Court

Court of First Instance
Case number

HCPI861/2005

On the balance of probabilities the plaintiff tripped on a damaged expansion joint; the damaged joints created an unacceptable risk in the workplace; the employer had responsibility to report and warn employees pending repair and thus breached its duty of care, so the defendant is liable for the plaintiff's injuries; there was no contributory negligence by the plaintiff; damages to be assessed by the Master.
14 Dec 2005

HO SAU CHUN v. ASAT LTD

Citation

HO SAU CHUN v. ASAT LTD
Court

District Court
Case number

DCPI126/2004

The Defendant failed to prove on the balance of probabilities that the Third Party was negligent; the Third Party had employed competent lift maintenance, lacked knowledge of a recurring defect, and falls within the contractual exemption barring liability absent wilful negligence, therefore the Defendant's claim for indemnity or contribution is dismissed.
31 May 2005

HO WING SAI v. WONG MUK HUNG t/a LAKE FAT TRANSPORT CO

Citation

HO WING SAI v. WONG MUK HUNG t/a LAKE FAT TRANSPORT CO
Court

Court of First Instance
Case number

HCPI787/2000

The defendant breached its duty by failing to provide a safe system of work for heavy manual handling; the plaintiff's account and medical evidence of a disc protrusion causing L4 radiculopathy were accepted, there was no contributory negligence, and damages were awarded to the plaintiff net of statutory compensation received.
6 Sept 2004

CHUNG TAT HO v. AU HOI LAM SUB-CONTRACTOR LTD AND ANOTHER

Citation

CHUNG TAT HO v. AU HOI LAM SUB-CONTRACTOR LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI472/2003

The court accepted the defendants' alternative factual scenario that the plaintiff's gloved left fingers were drawn into the saw, rejecting the plaintiff's account of a defective guard; the defendants were liable for failing to prevent the foreseeable risk (insufficient supervision to prevent glove use) and the plaintiff was 40% contributorily negligent; damages were assessed accordingly with specified interest and costs orders.