Commercial General Liability

Diner awarded HKD10m (USD1.28m) far fall on slippery stairs

Hong Kong: A diner who became a quadriplegic after slipping on the stairs of a restaurant has been awarded more than HKD10m (USD1.28m) for his injuries. He had sued for HKD13.4m (USD1.72m).

On 1 April 2001, the diner fell down a staircase in the restaurant resulting in severe head and spinal injuries.


The judge found that the restaurant owner had breached his duty of care by failing to ensure the stairway, which was quite steep, 60 cm wide and had only one hand rail


Source: South China Morning Post, 21 June 2007

Asian Casualty Report 10th Edition June 2008 – Gen Re


Man was hit by a remote-control toy helicopter and needed brain surgery


Hong Kong: An emergency brain surgery was necessary after a 44-year-old man was hit by a friend’s remote­ control toy helicopter on 13 January 2008. The man sustained a 20 cm-long wound to the back of his head. The helicopter weighed six kilograms, could fly up to 90 km an hour and had 1.5 meter-long blades.


The accident occurred at a government site with a warning sign prohibiting flying remote-control toys.


Source: http:llwww.runryder.comlhelicopterl[399984p1/

Asian Casualty Report 10th Edition June 2008 – Gen Re


Man injured in visit to Tai Po’s wishing tree seeks damages


Hong Kong: A man is seeking compensation from the government after being seriously injured by afalling branch from Tai Po’s wishing tree, where he was,asking for good fortune.

He suffered a broken hip, and later developed symptoms of a stroke after undergoing a hip operation. He now requires 24-hour care.


Source: South Morning Post, 23 Janunry 2008

Asian Casualty Report 10th Edition June 2008 – Gen Re


Roller coaster derailed


Japan: In May 2007, a roller coaster partly derailed in an amusement park in Suita, Osaka Prefecture. One woman was killed and 19 others were injured. The second car of the roller coaster derailed and leaned outward.


According to the police, the axle shaft of the second car broke about 200 meters before the end of the run. The wheels of the second car came off and were discovered on the ground


In February 2007, the amusement park should have been inspected but due to no available garage, the inspection was postponed until 15 May.

Improper safety management may have led to the accident


Source: Doily Yomiu,ri, 6 May 2007

Asian Casualty Report 10th Edition June 2008 – Gen Re


CNY800,000 (USD114,000) compensation for man who lost legs from train


China: A man fell off a Beijing subway station platform in 2005 and lost his legs when a train pulled into the station. He was later awarded CNY800,000 (USD114,000) in compensation. The metro, which had to pay 80% of the man’s medical costs, is considering an appeal.


Source: South China Morning Post, 10 January 2008

Asian Casualty Report 10th Edition June 2008 – Gen Re


Intoxicated woman fell into a ventilation shaft


China: A woman on the way to go to the toilet fell into a ventilation shaft, sustaining a brain injury. She is suing the real estate management company for compensation


The woman needed to use the restroom as she was in a taxi returning from a party. Since there were no public facilities in the vicinity, she instead found a covered area with a flowerbed not realizing there was a deep ventilation shaft for a commercial building. She fell to the basement through the three-meter-deep vent and hit the ground with her head.


The 33-year-old woman is seeking CNY70,000 (USD9,629) compensation for her brain injury. She is asking for compensation for mental anguish and disability compensation.


Source: Shanghai Daily, 16 January 2008

Asian Casualty Report 10th Edition June 2008 – Gen Re


MYR133,000 (USDA2,195) payout for widow


Malaysia: The widow of an Englishman who was killed by a falling branch at the Botanical Gardens has been awarded MYR133,000 (USD42,195) in compensation. The widow agreed to the settlement almost ten years after the death of her husband in May 1998. The suit was filed in April 2001, accusing the Waterfall Gardens committee of negligence in maintaining the gardens.


Source: The New Straits Times Press, ZS February 2008

Asian Casualty Report 10th Edition June 2008 – Gen Re


Paralysed cyclist awarded SGD800,000 (USD580,000)


Singapore: A cyclist was paralysed from the neck down, after he crashed into a cycling barrier in July 2005. In March 2008, he received SGD800,000 (USD580,000) in a court settlement. Lifelong treatment was estimated to be SGD700,000 (USD507,500)


The claimant sued the Land Transport Authority (LTA) and the contractor of the erected heavy-duty steel barrier for personal injuries caused by an “unsafe barrier” which had been installed at the end of a bridge. The contractor did not post signs to alert cyclists to the barrier at one end.


The claimant sustained spinal injuries, lost the feeling of his limbs and had breathing difficulties. He had to spend six months in the hospital.


Source: Strait Times, 27 March 2008

Asian Casualty Report 10th Edition June 2008 – Gen Re

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