各位好,我就黎考試,有一條題目係---有一個自稱"彼得"既男士,因天雨關係,走入去生果店避雨,於進店門前滑倒,受偒及出現骨拆情況,要求生果店老闆作出賠贘,而店主表示於早30分鐘已於店門外清潔地面。就上述問題,想問問店主有否疏忽,有沒有法例或香港法津條例可以參考呢?

2018-11-17 3:29 pm

回答 (1)

2018-11-18 4:25 am
The answer is no.

When a person has entered a premise not as intended, the entering can deem as trespassing. The purpose of a fruit retail store is for fruits shopping. However, in this case, "Peter" has entered the store not for such purpose, but instead avoiding rain.

Of course - there is always premise liability. But because of the fact that "Peter" trespassed the store, the store owner is immune when 1) the situation was out of the control (i.e. It was raining. Even the floor was cleaned frequently, the floor could still get wet, either from the outside or consumers through their shoes); 2. the owner has taken all necessary measures to avoid the incident.

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