27 Jul 2010
CHAN CHUNG KUEN v. MTR CORPORATION LTD
- Citation
- CHAN CHUNG KUEN v. MTR CORPORATION LTD
- Court
- District Court
- Case number
- DCPI764/2009
The claimant failed to prove that MTR breached its duty of care: the platform gap was measured at 220 mm and, given the station curvature and official safety assessments, that width was not shown to be unreasonably wide; MTR had adequate precautions (flashing neon lights, visual markings, multilingual announcements and deployed staff), plaintiff's evidence was inconsistent and not credible, and he failed to discharge the burden of proof; accordingly the action is dismissed and MTR is not liable (alternatively the claimant was principally at fault).