Xu Ren Li v Nakano Singapore: Construction Worker Injury Claim for Breach of Workplace Safety

In Xu Ren Li v Nakano Singapore (Pte) Ltd, the High Court of Singapore heard an appeal by Xu Ren Li against the District Court's decision to dismiss his claim for damages for injuries sustained at a construction site. Xu Ren Li, a construction worker, claimed he was injured due to the respondent's negligence and breach of statutory duty. The High Court allowed the appeal in part, finding both Xu Ren Li and Nakano Singapore (Pte) Ltd equally at fault, apportioning liability 50:50. The court found the respondent in breach of statutory duty under reg 23(2) of the Workplace Safety and Health (General Provisions) Regulations and its common law duty of care to provide a safe place of work.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding a construction worker's injury claim. The court found both the employer and worker negligent, apportioning liability 50:50.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Xu Ren LiAppellantIndividualAppeal allowed in partPartialHan Hean Juan
Nakano Singapore (Pte) LtdRespondentCorporationLiability apportionedPartialLei Chee Kong Thomas

3. Judges

Judge NameTitleDelivered Judgment
Chan Sek KeongChief JusticeYes

4. Counsels

Counsel NameOrganization
Han Hean JuanHoh Law Corporation
Lei Chee Kong ThomasLawrence Chua & Partners

4. Facts

  1. Appellant was employed as a construction worker by the Respondent.
  2. Appellant fell on a staircase in an uncompleted building at the construction site.
  3. The staircase lacked a handrail.
  4. The steps on the staircase were uneven.
  5. The staircases did not have any lighting and the staircase landings were only dimly lit.
  6. Appellant was rushing down the staircase when he fell.
  7. The passenger lift in the Building could not reach higher than the 10th floor.

5. Formal Citations

  1. Xu Ren Li v Nakano Singapore (Pte) Ltd, District Court Appeal No 12 of 2011, [2011] SGHC 197

6. Timeline

DateEvent
Appellant injured at construction site
Appellant reported accident to supervisor and sought medical treatment
Appellant received follow-up treatment at National University Hospital
Appellant lodged a report with the Ministry of Manpower
Respondent lodged a report with the Ministry of Manpower
Appellant filed a writ of summons against the Respondent
Appeal allowed in part

7. Legal Issues

  1. Breach of Statutory Duty
    • Outcome: The court found the respondent in breach of its statutory duty under reg 23(2) of the Workplace Safety and Health (General Provisions) Regulations.
    • Category: Substantive
  2. Breach of Common Law Duty of Care
    • Outcome: The court found the respondent in breach of its common law duty to provide a safe place of work.
    • Category: Substantive
  3. Contributory Negligence
    • Outcome: The court found the appellant contributorily negligent.
    • Category: Substantive

8. Remedies Sought

  1. Damages for personal injuries

9. Cause of Actions

  • Negligence
  • Breach of Statutory Duty
  • Personal Injury

10. Practice Areas

  • Personal Injury
  • Construction Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Xu Ren Li v Nakano Singapore (Pte) LtdDistrict CourtYes[2011] SGDC 159SingaporeThe case is the decision of the district judge being appealed against.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Workplace Safety and Health (General Provisions) Regulations (Cap 354A, Rg 1, 2007 Rev Ed)Singapore
Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Construction site
  • Staircase
  • Handrail
  • Workplace safety
  • Contributory negligence
  • Safe place of work

15.2 Keywords

  • Construction worker
  • Injury
  • Negligence
  • Workplace safety
  • Singapore
  • High Court
  • Appeal

16. Subjects

  • Construction Dispute
  • Workplace Safety
  • Negligence

17. Areas of Law

  • Workplace Safety and Health Law
  • Construction Law
  • Tort Law