Hong Kong Case Law: Decisions & Judgments

Topic

Thin skull rule

Legal area

Court

7 Jul 2023

LEE KWOK WAH v. WONG SIU KWONG formerly trading as KWONG KEE RESTAURANT

Citation

[2023] HKDC 855
Court

District Court
Case number

DCPI2741/2018

Court accepted plaintiff's account, found spill of dirty seafood water foreseeably exposed workers and defendant breached duty by unsafe layout and failure to warn or supervise; medical evidence (preferred Dr Wong) established the spillage materially caused necrotizing fasciitis; defendant 100% liable, no contributory negligence by plaintiff; damages assessed and quantified accordingly.
6 Apr 2018

CHAN SHEK HO v. SHIU HO CHI AND OTHERS

Citation

[2018] HKCFI 737
Court

Court of First Instance
Case number

HCPI613/2014

Court found on balance that D1 assaulted the plaintiff and that the conviction and contemporaneous evidence (CCTV, police statements, confession) supported that finding; D2 was vicariously liable because the assault was closely connected to D1's duties of directing drivers and arose out of an unbroken sequence of work-related interactions; causation limited to mandibular fractures and minor injuries caused by the assault while deterioration attributable to pre-existing osteoradionecrosis was not caused by the assault; damages awarded accordingly.
10 Jan 2014

CHUM HOK CHING AND ANOTHER v. CHUNG LAI CHING

Citation

CHUM HOK CHING AND ANOTHER v. CHUNG LAI CHING
Court

District Court
Case number

DCPI887/2011

Liability having been admitted, court applied the thin skull rule to hold defendant fully liable for aggravation of the 1st plaintiff's pre-existing knee condition; accepted medical and surveillance evidence for knee injuries and awarded PSLA accordingly but rejected unsupported claims for ear, elbow and back. 1st plaintiff's loss of pre-trial earnings and loss of earning capacity were rejected for lack of causal loss. Special damages for 1st plaintiff's motorcycle accepted at market/replacement value. For the 2nd plaintiff court accepted post-concussion syndrome and other injuries, awarded P…
17 Sept 2008

TAMANG RABICHANDRA v. VSL SWC (a firm) AND ANOTHER

Citation

TAMANG RABICHANDRA v. VSL SWC (a firm) AND ANOTHER
Court

Court of First Instance
Case number

HCPI659/2007

The judge found liability admitted but concluded the plaintiff had exaggerated symptoms and that his present discomfort and incapacity were largely due to a developing degenerative lumbar condition which the accident had accelerated; damages were assessed taking that contribution into account resulting in awards for PSLA (HK$150,000), pre-trial loss of earnings after 45% reduction (HK$183,769), future loss of earnings using a multiplier of 8 (HK$756,000), miscellaneous expenses HK$14,000, less EC payment HK$259,060, total HK$844,709, with interest and costs ordered nisi.
3 Jan 2008

CHAN KAM HONG v. MOHAMMAD RIAZ

Citation

CHAN KAM HONG v. MOHAMMAD RIAZ
Court

Court of First Instance
Case number

HCPI938/2005

On the medical evidence the plaintiff's severe pre-existing degenerative lumbar changes contributed to his residual disability, the plaintiff's symptoms were materially exaggerated, and applying Chan Kam Hoi an appropriate global discount of 25% should be applied to damages; the plaintiff's business suffered loss of profit causally linked to his reduced capacity but part of the profit decline was due to increased material costs, and awards were assessed accordingly.
17 Jan 2007

NGAI SAU SEN v. SOABAR SYSTEMS HONG KONG B.V. t/a AVERY DENNISON HONG KONG B.V.

Citation

NGAI SAU SEN v. SOABAR SYSTEMS HONG KONG B.V. t/a AVERY DENNISON HONG KONG B.V.
Court

District Court
Case number

DCPI163/2006

Plaintiff failed to prove on the balance of probabilities that his low back injury was caused by the negligent wheeling of a co-worker due to inconsistent accounts and absence of contemporaneous corroboration; therefore claim dismissed for failure to establish causation.
3 Sept 2004

LAU YUK SIM v. WONG YUK CHUN

Citation

LAU YUK SIM v. WONG YUK CHUN
Court

District Court
Case number

DCPI107/2004

Court found the defendant's assault materially contributed to the plaintiff's psychiatric condition and accepted the treating psychiatrist's diagnosis; applied authorities on pre-existing conditions and discounted general damages by 45% for the plaintiff's prior depressive condition and poor drug compliance; awarded quantified sums for general damages (reduced), past and future earnings, MPF, special damages and future psychiatric treatment; refused separate award for loss of earning capacity beyond calculated future loss and declined additional mitigation deduction beyond the 45% reduction.
8 Aug 2001

CHAO YUAN CHIAO v. REGAL HOTELS INTERNATIONAL LTD. AND ANOTHER

Citation

CHAO YUAN CHIAO v. REGAL HOTELS INTERNATIONAL LTD. AND ANOTHER
Court

District Court
Case number

DCEC593/2000

Judge accepted Applicant's credibility over Respondents' witnesses, found the Applicant sustained a workplace trauma on 25 September 1998; statutory presumption under s5(4) was not rebutted; the workplace incident materially contributed to permanent incapacity notwithstanding pre-existing conditions (thin skull rule); loss of earning capacity assessed at 55%; award granted under sections 9,10 and 10A.
21 Jul 1998

LAM WING MING v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD. AND ANOTHER

Citation

LAM WING MING v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCPI1090/1995

Master accepted plaintiff's factual and medical evidence, applied the thin skull rule to hold that the defendants must compensate for increased injury and loss due to the plaintiff's condition, preferred plaintiff's medical experts on residual soft tissue injury and loss of earning capacity, and awarded specific sums for pain and suffering, past and future earnings and miscellaneous losses with specified interest and a costs order nisi.