13 Jul 2023
WONG YUN WAI v. CHINA OVERSEAS PROPERTY SERVICES LTD AND ANOTHER
- Citation
- [2023] HKDC 935
- Court
- District Court
- Case number
- DCPI1815/2020
The court found on the balance of probabilities that the plaintiff slipped and fell on a wet floor in the Plaza toilet; the fall was an unusual event shifting the evidential burden to the defendants who failed to prove a reasonable and adequate cleaning and inspection system; accordingly the defendants were negligent. The plaintiff was found contributorily negligent to the extent of 40%. The plaintiff's pre-existing giant cell tumour warranted a 70% apportionment of relevant damages. Damages were assessed and, after applying pre-existing condition and contributory negligence discounts and ded…