An Independent Contractor is Not a Shield to Liability!

Originally published 14 March 2011

Keywords: Court of Final Appeal, CFA, Hong Kong

Summary

The Court of Final Appeal (CFA) decided in Luen Hing Fat Coating & Finishing Factory Limited v. Waan Chuen Ming (FACV 19/2009) that an occupier can be liable for injury caused by an independent contractor to the contractor's own employees, even if:

the contractor is apparently competent; the work is not intrinsically hazardous; and the Occupier lends equipment to the contractor that is not intrinsically dangerous, although it could be rendered unsafe if not used properly. Full Update

Background

A factory operator (Occupier) engaged an independent contractor to attend its factory to repair a machine. The contractor and its worker attended the factory and used two pallet jacks and a bearing trolley (that belonged to the factory) to detach a part of the machine that weighed 1.5 tonnes. The part of the machine fell when being reinstalled owing to the unstable platform created by the two pallet jacks and bearing trolley. It landed on and crushed the Worker's legs.

The High Court ruled in favour of the plaintiff, holding the...