The Johor Bahru High Court has awarded RM517,643 to a girl who suffered severe facial injuries after being mauled by her neighbour’s cross-bred pitbull seven years ago.
Judicial Commissioner Noradura Hamzah found the dog’s owner, fisherman Lim Seer Hao, 100% liable for the attack on 27 June 2019, and dismissed his counterclaim against the girl and her parents, FMT reported.
The award comprised RM193,000 in general damages, RM300,000 for future medical expenses and RM24,643.81 in special damages. The court also ordered 5% interest on the relevant sums and RM120,000 in costs.
The victim was 10 years old when the dog, named Chu, attacked her at Lim’s home in Taman Permata, Endau, in Johor. She had been playing with neighbours outside a friend’s house when Lim’s children invited them to continue playing at their home, The Star reported at the time.
According to court documents, Lim’s daughter opened the automated gate and allowed the children into the compound. The girl was playing in the yard when the dog, which was chained at the rear of the house, suddenly broke loose and attacked her. Lim was at sea that evening while his wife was out.
The attack stopped after Lim’s son intervened, including by throwing a water bottle at the dog, while neighbours came to help.
The girl suffered multiple deep wounds to the right side of her face, including a laceration extending from her forehead to her eyelid and cheek, exposing bone. She also sustained fractures to her nasal bone, right maxillary sinus and right zygomatic arch, as well as injuries to her eyelid and tear duct.
She underwent an eight-hour operation at a private hospital. However, her wounds became infected and required further surgeries, with doctors detecting right facial palsy. She later underwent a skin graft and several medical procedures, including reconstructive surgery, fat grafting and scar treatments up to last year.
Lim denied negligence and claimed the girl entered his compound without permission. He said his children had twice warned her and her younger siblings to go home and told them there was a dog at the back of the house. He also claimed the girl ignored the warnings, played on a swing, and later approached Chu and imitated its bark, which agitated the dog, causing it to pull against its chain until the chain and wall socket came apart.
Noradura rejected Lim’s defence and found that the plaintiff had proved her negligence claim on a balance of probabilities. The judge also dismissed Lim and his wife’s counterclaim over the loss of Chu, which had to be put down, and the wife’s alleged emotional distress.
Lim had earlier pleaded guilty in the Mersing magistrates’ court to an offence under Section 289 of the Penal Code and a local dog-licensing by-law. He was fined RM1,000 and RM500 respectively.
