17 Apr 2013
LAM KWONG SUM v. WONG HAU LING t/a SUN TIN WO GARAGE AND OTHERS
- Citation
- LAM KWONG SUM v. WONG HAU LING t/a SUN TIN WO GARAGE AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI643/2010
On the balance of probabilities the court found the dumper was overloaded (facilitated by the required modification), the brakes failed when the plaintiff attempted to brake causing an uncontrolled descent and fall over an unprotected outside edge, and defendants (including employer D1) breached common law duties and statutory duties by failing to ensure a safe system/place of work (notably lack of effective edge protection and permitting overloading); those breaches caused the accident and plaintiff was not contributorily negligent, therefore judgment for plaintiff.