THE Seremban Sessions Court awarded over RM200,000 in damages to a mother and daughter who were injured in an attack by their neighbour's Rottweilers five years ago, reported the New Straits Times.
Judge Surita Budin found Lim Chwee Tin liable and ruled in favour of the 41-year-old mother and her seven-year-old daughter.
The incident happened on April 17, 2019, while the mother and daughter were walking past the defendant's premises.
They were returning home after a stroll at Kepayang Hill when one of the defendant's Rottweilers suddenly attacked the girl.
The dog dragged the girl and her mother was bitten on her left hand when she tried to shield her daughter.
Their screams attracted a neighbour who came to assist, while another Rottweiler bit the mother's left palm as the defendant attempted to pull the dogs away.
According to the NST, Lim, in her defence, claimed the mother had provoked the dogs by holding a wooden stick, causing 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.
The judge said the plaintiffs successfully proved their case on the balance of probabilities, and that the dogs, which were under the custody, control, and ownership of the defendant, caused injury to the plaintiffs.
In her judgement published on the judiciary department website today, the judge said the defendant knew that Rottweilers had a reputation for aggressive behaviour as supported by the evidence of a dog trainer and veterinary officer.
"Through my research, this species was also dubbed as '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 judge said that if there was indeed provocation, then, the mother should have been attacked first.
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. - September 24, 2024
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