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:

1. the contractor is apparently competent;
2. the work is not intrinsically hazardous; and
3. 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