Law on Employees’ Compensation (Part I): Tortious Claims – Pits and Falls in Liability

A thorough examination of the basic legal requirement in liability and the intriguing situations arising in a tortious claim: (whether in industrial accidents /public liability /criminal incident / traffic accidents):

Detailed Information

Highlights of the course include:

  • Was there an accident? – effecting personal injury or property damages?
  • What was the capacity of the claimant?
    • If claimed as employee
      • Could claimant be an independent contractor or partner or outsider?
      • Did the accident occur in the course of the employment?
  • Should the Defendant owe a duty of care to the claimant?
    • Test of reasonable foreseeability
    • Duty of care owed to trespassers?
    • Duty of care owed to illegal immigrants?
    • Duty of care owed to employee with serious and wilful misconduct?
    • Duty of care owed to risk taker – Volenti?
    • Duty of care owed by assailant?
    • Vicarious liability – whether act committed in the course of employment?
    • In personal injury cases:
      • Duty of care of Employer (in common law , and under Occupational Safety and Health Ordinance, Cap 509)
      • Duty of care in Occupier’s liability (under Occupier’s Liability Ordinance, Cap 314)
      • Statutory duties of contractors of construction sites (under Construction Sites (Safety) Regulations)
      • Statutory duties of owners of lifting appliances (under Factories and Industrial Undertakings (Lifting appliances and lifting gear) Regulations)
  • Contributory negligence
    • Definition – what is counted as contributory negligence of an injured person?
    • Case study
      • in slip and fall cases
      • in industrial accidents
      • in non-industrial /assault incidents
      • in traffic accidents
      • What is the contributory effect of other accidents?
        • Occurring before or after an industrial accident?
        • Traffic accident – multiple collisions?
    • What is the contributory effect of other tortfeasors?
      • Principle of Apportionment of liability
      • Principle of Contribution of liability
      • Principle of Indemnity
      • Principle of Disclaimer of liability

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