SEREMBAN: A woman whose two Rottweiler dogs attacked and injured a mother and her young daughter in a residential area over five years ago has agreed to pay them RM197,000 in compensation.
In a consent judgment recorded before High Court judicial commissioner Mohamad Haldar Abdul Aziz, Lim Chwee Tin also agreed to pay RM11,000 in costs to Yap Siew Ling, 41, and her 12-year-old daughter.
In the settlement, Lim agreed to pay the compensation in instalments.
She paid the costs and a sum of RM25,000 when the consent judgment was recorded on Wednesday (Dec 4).
Lim also agreed to pay a further RM75,000 on or before March 2 and the remainder in eight monthly instalments.
Yap and her daughter sued Lim for negligence after the attack on April 27, 2019.
They were on an evening walk past the defendant's house at Kepayang Hill when the dogs attacked them.
On July 15 this year, Sessions judge Surita Budin awarded the victims RM223,000 in damages: RM95,000 for general damages, RM36,469.60 as special damages, and RM88,000 for loss of income.
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She said the defendant's negligence had caused the plaintiffs to suffer injuries and damages.
"Upon in-depth consideration of the rival contentions and the whole spectrum of the pleadings and evidence, the court found that on the balance of probabilities the plaintiffs had successfully proved their case and made a finding of facts that the dogs were under the custody, control and ownership of the defendant had caused injury to the plaintiffs.
"Therefore, the defendant breached the duty of care when it failed and/or refused and/or defaulted in ensuring that the dogs were kept, controlled and cared for properly resulting in an unforeseen attack on the plaintiffs.
"Consequently, the court ruled that the defendant was 100% negligent and liable for causing the injuries suffered by both plaintiffs," she said in her written judgment made available on the judiciary's website on Sept 24.
Surita had said the defendant knew that the Rottweiler has a reputation for aggressive behaviour and this was supported by a dog trainer and veterinary officer.
Surita said the defendant also admitted that the dogs had previously attacked another neighbour's dog and killed it outside her house.
"Ultimately, the defendant should have realised and learnt 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 defendant then appealed the decision.
When contacted, the plaintiffs' lawyer Krishna Dallumah said the defendant's lawyers had written to them to discuss a settlement.
"My client agreed to give the defendant a 10% discount and allow payment in instalments," said Krishna, who was assisted by Yong Yoong Hui.
The defendant was represented by Freda Santhiago.
