Lee Swee Chon v Kiat Seng Metals: Workplace Negligence & Contributory Negligence
In Lee Swee Chon v Kiat Seng Metals Pte Ltd, the High Court of Singapore heard a negligence claim by Lee Swee Chon against his employer, Kiat Seng Metals Pte Ltd, arising from a workplace accident. Lee Swee Chon sustained injuries when a stack of aluminium sheets fell on him. The court, presided over by George Wei J, found the defendant negligent in failing to provide a safe work environment but also found the plaintiff contributorily negligent. The court apportioned liability, with the defendant bearing 65% of the loss and damage.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Judgment for the Plaintiff; Defendant to bear 65% of the loss and damage suffered by the Plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Workplace accident case where Lee Swee Chon sued Kiat Seng Metals for negligence. The court found the defendant negligent but also found the plaintiff contributorily negligent.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Swee Chon | Plaintiff | Individual | Judgment for Plaintiff | Partial | Han Hean Juan |
| Kiat Seng Metals Pte Ltd | Defendant | Corporation | Liability for Negligence | Lost | Eu Hai Meng, Lee Jia En Gloria |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| George Wei | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Han Hean Juan | Hoh Law Corporation |
| Eu Hai Meng | United Legal Alliance LLC |
| Lee Jia En Gloria | United Legal Alliance LLC |
4. Facts
- Plaintiff was employed by the Defendant as a lorry driver and deliveryman.
- On 5 December 2014, a stack of aluminium sheets fell on the Plaintiff at the Defendant's warehouse.
- The Plaintiff was helping a co-worker retrieve an aluminium sheet from a leaning stack.
- The aluminium sheets were about 2.44m in length and 1.22m in width, and ranged from 3mm to 1cm in thickness.
- The Plaintiff suffered injuries to his left thigh and back as a result of the accident.
- The Defendant did not have a safety rack to store the aluminium sheets.
- The Defendant instructed employees to use a forklift for support when retrieving sheets.
5. Formal Citations
- Lee Swee Chon v Kiat Seng Metals Pte Ltd, Suit No 1076 of 2016, [2018] SGHC 22
6. Timeline
| Date | Event |
|---|---|
| Accident occurred at the workplace. | |
| Plaintiff commenced negligence action against the Defendant. | |
| Trial on liability began. | |
| Trial on liability continued. | |
| New date fixed for Hassan to testify. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Breach of Duty of Care
- Outcome: The court found that the Defendant breached its duty of care to the Plaintiff by failing to provide a safe work environment.
- Category: Substantive
- Sub-Issues:
- Failure to provide a safe work environment
- Unsafe storage of materials
- Failure to implement safe work procedures
- Related Cases:
- [2014] SGHC 177
- [2010] 1 SLR 786
- [2007] 4 SLR(R) 100
- Contributory Negligence
- Outcome: The court found the Plaintiff contributorily negligent and reduced the damages recoverable accordingly.
- Category: Substantive
- Sub-Issues:
- Failure to take reasonable care for one's own safety
- Disregard of safety instructions
- Related Cases:
- [2016] 2 SLR 944
- [2007] 1 SLR(R) 148
- [1993] 3 SLR(R) 377
8. Remedies Sought
- General Damages
- Special Damages
- Interest
- Costs
- Further Relief
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Workplace Accidents
- Civil Litigation
11. Industries
- Manufacturing
- Metals Industry
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chen Qiangshi v Hong Fei CDY Construction Pte Ltd | High Court | Yes | [2014] SGHC 177 | Singapore | Cited for the four-fold test for negligence and the relevance of the Workplace Safety and Health Act in ascertaining the standard of care. |
| Chandran a/l Subbiah v Dockers Marine Pte Ltd | High Court | Yes | [2010] 1 SLR 786 | Singapore | Cited for the employer's obligation to take reasonable care for its employees' safety. |
| Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency | Court of Appeal | Yes | [2007] 4 SLR(R) 100 | Singapore | Cited for the principles of duty of care in negligence. |
| Jurong Primewide Pte Ltd v Moh Seng Cranes Pte Ltd and others | High Court | Yes | [2014] 2 SLR 360 | Singapore | Cited for the relevance of the WSHA framework in ascertaining the appropriate standard of care. |
| Asnah bte Ab Rahman v Li Jianlin | High Court | Yes | [2016] 2 SLR 944 | Singapore | Cited for the definition and application of contributory negligence. |
| Sim Cheng Soon v BT Engineering Pte Ltd and another | Court of Appeal | Yes | [2007] 1 SLR(R) 148 | Singapore | Cited as an example of contributory negligence in a workplace accident. |
| Parno v SC Marine Pte Ltd | Court of Appeal | Yes | [1993] 3 SLR(R) 377 | Singapore | Cited for the employer's duty to protect employees from their own carelessness and the importance of a safe system of work. |
| Xu Ren Li v Nakano Singapore (Pte) Ltd | High Court | Yes | [2012] 1 SLR 729 | Singapore | Cited for the principle of equal apportionment of liability when blameworthiness is uncertain. |
| See Toh Siew Kee v Ho Ah Lam Ferrocement (Pte) Ltd and others | Court of Appeal | Yes | [2013] 3 SLR 284 | Singapore | Cited for the principle of equal apportionment of liability when blameworthiness is uncertain. |
| Liu Yong Tao v Rich Construction Pte Ltd formerly known as China Construction Builders Pte Ltd | District Court | Yes | [2011] SGDC 207 | Singapore | Cited as an example where the defendant was held fully liable in negligence. |
| Soon Pook Seng Arthur v Oceaneering International Sdn Bhd | High Court | Yes | [1993] 2 SLR(R) 518 | Singapore | Cited as an example where the defendant was held solely liable in negligence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) | Singapore |
| Contributory Negligence and Personal Injuries Act (Cap 54, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Negligence
- Contributory Negligence
- Workplace Accident
- Duty of Care
- Safe Work Environment
- Aluminium Sheets
- Forklift
- Safety Rack
- Balance Stack
15.2 Keywords
- negligence
- workplace accident
- contributory negligence
- employer liability
- employee safety
- Singapore
- High Court
16. Subjects
- Tort Law
- Workplace Safety
- Negligence Law
17. Areas of Law
- Tort
- Negligence
- Contributory Negligence
- Workplace Safety and Health Law