KUALA LUMPUR, Sept 25 — A mother and her 12-year-old daughter have been awarded RM223,000 in damages by the Sessions Court in a negligence suit for injuries suffered in an attack by two Rottweiler dogs five years ago.

According to the full grounds of judgment, Seremban Sessions Court judge Surita Budin said Yap Siew Ling and Chin Jie Ying had succeeded in establishing their claim against Lim Chwee Tin, the dog’s owner.

In total, Yap and Chin were awarded RM223,469.60; comprising RM88,000 to Yap for 11 months’ loss of earnings, RM87,000 for multiple injuries sustained by Yap, RM8,000 to Chin and RM36,469.60 for special damages.

Surita said the mother-daughter duo had successfully proved that the dogs were indeed under the custody, care, control and ownership of Lim who had breached her duty of care resulting in an unforeseen attack on the pair.

"Consequently, the court ruled that the defendant was 100 per cent negligent and liable for causing the injuries suffered by both plaintiffs,” she said in a 39-page judgment posted on the judiciary’s e-Judgment website yesterday.

Surita delivered her oral decision on July 15 but issued her full written grounds after Lim filed an appeal to the High Court.

According to the brief facts, Yap is a self-employed beautician and aesthetic consultant and the incident took place at Kepayang Heights near Seremban on April 27, 2019.

In her attempt to shield her daughter from the attack by hugging, one of the dogs bit her hand and help only came after neighbours heard their screams.

In her judgement, the judge said Lim had admitted that the dogs were under her care after taking over from another relative and that she had failed to take reasonable steps to prevent her dogs from attacking passers-by.

Surita said Lim also knew that the dogs’ breed had a reputation for aggressive behaviour, as supported by the evidence of the dogs’ trainer and a veterinary officer.

Surita also said Lim admitted in court that her Rottweilers had killed a neighbour’s dog outside her home in a previous incident.

"Ultimately, the defendant should have realised and learned from the first incident.

"It is crystal clear that the defendant has knowledge of the gravity of the dogs’ aggression and of their vicious propensities to bite or attack human beings,” she said.

The court also said Lim, in admission, said the dogs were unleashed and left unattended without supervision at the time of the incident.

During the incident, the court said the unleashed dogs jumped out of Lim’s home — in part due to Lim’s failure to strengthen her home’s fencing system — and attacked the mother and daughter.

The court also took note of Lim’s guilty plea in another criminal case as admissible evidence, where she admitted that she was fined RM3,500 for animal negligence under Section 289 of the Penal Code.

The court also stated that it was implausible to rule that there was provocation at the time as argued by Lim, since the girl — who was seven-years-old at the time — 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,” Surita said.

The mother-daughter duo was represented by Messr Krishna Dalumah and Indran, while Lim was represented by Messr S N Fam and Co.