This is a Chinese Law question Fact: Au Yeung is a tenant living in a flat which

Question

This is a Chinese Law question

Fact:

Au Yeung is a tenant living in a flat which is situated in a housing estate. One night, he entered the car park of the estate (he has not hired any car parking space in the estate) which he treated as a short cut to a shopping plaza within the estate. There he fell down on an uneven ground area and suffered an injury. He did not notice that the relevant area was uneven due to the malfunctioned lightning system in the car park and the omission of Fei Long, an employee of the property management company which has been appointed to manage the estate, to put a warning sign near to the relevant area after having received an instruction to do so. Ah Yeung’s injury became more serious later as he did not see a doctor as early as possible. He also lost income during the period.

Require:

Discuss the legal position of Au Yeung.

Explanation / Answer

In this case the issue is that the car park area was uneven that caused injury to Au Yeung because there was no warning sign displayed by the property management company even after receiving instruction regarding the same. Au Yeung has not hired any car parking space in the estate because he does not require that but he can walk through the property because it is part of the housing estate. The employee of the property management company Fei Long and the property management company itself can be responsible for the issue because they did not do their part of the duty. The magnitude of the injury that has increased for Au Yeung is because of his own negligence and he himself is responsible for this and not anyone else but the company and Fei Long is responsible for causing the injury which can be legally filed.

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