In the case of Sanfield Building Contractors Ltd v Li Kai Cheong of 2003, Vol. 6, HKCFAR, p. 207 mentions res ipsa loquitur in an accident involving latent defect.
The respondent in this appeal case to the Court of Final Appeal, fell from a substantial height to the ground as he was stationed on a scaffold that toppled over, and therefore ultimately suffered from severe injuries.
The cause on which this issue of liability actually turns, although of an unknown cause, is one that would cease to occur normally without negligence, in this case, the appellants’ negligence.
The liability of the appellants as contractors of the construction site is stipulated on Reg. 38D of the Construction Sites (Safety) Regulations, Cap. 59I.
Reference: elegislation.gov.hk; vlex.hk
