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):
Law on Employees’ Compensation (Part I): Tortious Claims – Pits and Falls in Liability
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?
- If claimed as employee
- 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
Registration Conditions
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