Ho took his car to the Quick fix Services Ltd (QSL) for its annual maintenance service. After he has collected his car from QSL, he drove into a busy road. Before he had gathered any speed, a pedestrian Ma crossed a pedestrian crossing in front of him. Ho applied the brakes immediately but the car did not stop. He was able to swerve and bring his car to a stop without any damage, but Ma was hit indirectly at an angle by the car and he fell over. There were no visible signs of physical injuries. Ma was taken to the accident and emergency department of a local hospital, where the nurse on duty gave him a low priority as a result of which he had to wait for four hours before he was seen by the doctor. When he was called, he found that he could not stand up properly. It was found that he had suffered a more serious back injury than at first thought and he is likely to suffer permanent paralysis. If he had been given a suitable support and be treated promptly, these consequences would probably have been avoided. It has been established that QSL, while performing the annual maintenance service, had failed to reconnect the brakes before returning the car to Ho.

Required: Advise Ma whether he has any potential claim against QSLand the local hospital under tort law of Hong Kong

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