broke my leg, should I sue?

Hi,


I broke my leg while running for the bus on Gloucester road. There is a drainage running right in the middle along the pavement. Its dark, I didn't see it and stept in it and now I am in a cast with my leg. Having such a drainage right in the middle of a busy pedestrian area is a bad idea and my friends say I should sue. My questions are:

- Is it any use? How does that work in HK and who to sue?

- Are all sidewalks government responsibility? If I remember correctly it seems like this drainage is separating public sidewalk from area owned by City Plaza as the tiles are different.

I should note that once the ambulance arrived a rather nervous person from City Plaza came out and asked my details.


Thanks for your help in advance,


Berend

Not all sidewalks are government responsibility. Often the "public spaces" around buildings are owned by that building or developer etc. So it's very possible that the sidewalk is owned by City Plaza. You are free to contact them to clarify this. If it's owned by them, then I guess those are the people you sue.


In terms of do you have a case... well, I guess only a lawyer could tell you that. As far as I know, there are no contingency fee thing offered by lawyers. In other words, if you wanted to sue, you would have to fund it yourself. And if you lost, you must bear the costs.


You could try to find somewhere for some legal advice - maybe even on the government website, they might offer legal advice?


Also, based on that advice, you could try writing a letter to City Plaza about the dangers of that sidewalk etc... maybe they can pay for your medical charges???

Hi Slammy,


Thanks for your advise. Writing a letter sounds like a good idea.


Thanks, Berend

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


While it is difficult to give definitive advice without knowing more facts surrounding your situation; it would be essential to determine whose property the drainage was located on in order to establish against whom to bring the lawsuit (i.e. the Government’s property or City Plaza’s). While it would be easier if the drainage was part of City Plaza’s property, it is still possible to bring a lawsuit against the Government and succeed in obtaining compensation. In the case that it is the Government’s property, you would need to be aware of certain time limitations of bringing an action of tort against a government body.


Again, it is difficult to comment on your likelihood of success as much depends on the facts surrounding the case, but if you would like to set up a consultation meeting we would be pleased to assist.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@weirandassociates.com

www.weirandassociates.com