KUALA LUMPUR: A 41-year-old mother and her young daughter have been awarded over RM200,000 in damages after being injured in an attack by their neighbour's Rottweilers five years ago.
Seremban Sessions Court judge Surita Budin ruled in favour of the plaintiffs, finding Lim Chwee Tin, liable for the incident.
On April 27, 2019, while the mother and her seven-year-old daughter were walking past the defendant's premises after an evening stroll at Kepayang Hill, one of the defendant's Rottweilers suddenly attacked the girl, dragging her.
The mother shielded her daughter, but the dog bit her left hand.
Their screams attracted a neighbour who came to help.
Another Rottweiler then bit the mother's left palm as the defendant attempted to pull the dogs away.
In her defence, Lim claimed the mother provoked the dogs by holding a wooden stick, which caused them to break free from the gate.
She argued that her dogs were well-trained, vaccinated, and licensed by the Negri Sembilan Veterinary Department since 2018.
Surita, in her ruling, said the plaintiffs successfully proved their case on the balance of probabilities, concluding that the dogs, which were under the custody, control, and ownership of the defendant, caused injury to the plaintiffs.
"The defendant breached the duty of care when she failed in ensuring that the dogs were kept, controlled, and cared for properly, resulting in an unforeseen attack on the plaintiffs.
"The defendant was 100 per cent negligent and liable for causing the injuries suffered by both plaintiffs," she said in her grounds of judgment, published on the judiciary department's website today.
She said the defendant had knowledge that Rottweilers had a reputation for aggressive behaviour, as supported by the evidence of the dogs' trainer, and a veterinary officer.
"Through my own research, this species was also dubbed the 'Rottweil Butcher's Dog', and that alone, speaks volumes.
"The defendant also admitted that the dogs had previously attacked another neighbour's dog to death outside her premises. She (the defendant) should have learnt from the first incident.
"The defendant also failed to ensure the fence was secured at all material times," she said.
The court stated that it was implausible to rule that there was provocation at the time, as the girl was only seven years old, had never held a wooden stick, and was nonetheless attacked by the first dog.
"If there was indeed provocation, then the mother should have been attacked first.
"The defendant also agreed that it is common for residents hiking up Bukit Kepayang to bring walking sticks to scare away monkeys," she said, adding that the mother had experienced nightmares and recurrent flashbacks that caused her sleep disturbances and distress following the incident.
The court awarded RM95,000 in general damages, RM36,469.60 in special damages, and RM88,000 for loss of income.
The defendant is appealing to the High Court.