11 Sept 2007
CHAN CHING YUK v. OTIS ELEVATOR CO (H.K.) LTD AND ANOTHER
- Citation
- CHAN CHING YUK v. OTIS ELEVATOR CO (H.K.) LTD AND ANOTHER
- Court
- District Court
- Case number
- DCPI248/2005
Plaintiff failed to prove that the escalator in fact suddenly stopped and restarted (or jerked) and therefore failed to establish causative malfunction; post-accident statutory examinations and maintenance records showed compliance and no mechanical defect; even if res ipsa loquitur were available, defendants had adduced evidence of reasonable care and proper maintenance; plaintiff was 50% contributorily negligent for failing to hold the handrail and stand still; accordingly the plaintiff's claim is dismissed and she must pay defendants' costs.