If you, as a visitor, encounter an accident in the premises which causes you to suffer property damage and/or personal injury, you can claim damages from the occupier of the premises through civil litigation.
Pursuant to Occupiers Liability Ordinance (Cap 314), the occupier owes the common duty of care to his/her visitor.
If the occupier breaches the common duty of care, he will possibly face the victim's claim for damages. If you suspect that the accident you are involved in is caused by the occupier's negligence, you may prove the occupier's liability in tort and seek for compensation in turn.
If you have an accident as a passerby, such as being hit by an object falling from above, and suffer from property damage and/or personal injury subsequently, you can claim damages by initiating civil litigation.
Please be reminded that the burden of proof is vested upon you, no matter you are the visitor or passerby, in the course of claiming damages. You also have to submit the relevant application within the time frame stipulated by the relevant rules and regulations, or your right to seek compensation will be lost.
The content herein is only for your reference and does not constitute professional legal advice. If you are in doubt, please consult your lawyer or other relevant professionals. |