I. General principles
Negligence is an area of private law that deals with harm caused by a failure to take reasonable care. A person who suffers injury, property damage, or other recognised loss may be able to bring a claim in negligence if the law imposes a duty of care on the defendant and that duty has been breached.
In Hong Kong, the law of negligence is mainly based on the common law, that is, legal principles developed by the courts over time, and supplemented by specific legislation like the Occupiers Liability Ordinance (Cap. 314).
To succeed in a negligence claim, the plaintiff usually has to prove 5 main elements:
1. Duty of care
The defendant owed the plaintiff a legal duty to take reasonable care.
2. Breach of duty
The defendant failed to meet the required standard of care.
3. Causation
The defendant’s breach caused the plaintiff’s injury or loss.
4. Remoteness
The kind of harm suffered was reasonably foreseeable and not too remote.
5. Damage
The plaintiff suffered legally recognised harm, such as physical injury, property damage, recognised psychiatric illness, or recoverable economic loss.
In other words, it is not enough that an accident happened or that harm was suffered. The plaintiff must show that the defendant was legally responsible for that harm.
Whether negligence is established will depend on the facts of the particular case. The courts will consider what a reasonable person would have done in the same situation, and whether the harm was a foreseeable result of the defendant’s conduct.
Even if negligence is proved, the amount of compensation may be reduced in some cases. For example, if the plaintiff’s own lack of care contributed to the damage, the court may reduce the damages for contributory negligence. There may also be other defences depending on the facts.
The purpose of a negligence claim is usually to obtain damages (monetary compensation) for the loss suffered. In some cases, the court may also consider other remedies, such as injunction, although compensation is the most common.
This section explains the general principles of negligence under Hong Kong law. It provides an overview only and does not deal with every type of negligence claim in detail.
