12 Apr 2019
蔡振昇 對 王國春
- Citation
- [2019] HKDC 492
- Court
- District Court
- Case number
- DCPI974/2014
The court accepted the prior employees' compensation judgment findings on the occurrence and injury and proceeded on that basis but found on the balance of probabilities that the employer was not negligent: the task was simple, non-hazardous and assisted by a trolley and tailboard, the plaintiff was experienced and could have managed pace and sought assistance, and no reasonable additional measures by employer were shown to be required. Therefore defendant did not breach contractual or statutory duties; claim dismissed. The judge further held that if defendant had been negligent the plaintiff…