Attack By Two Dogs While Jogging, Owner Ordered To Pay RM248,457

KUALA LUMPUR: The owner of two German Shepherd dogs was ordered by the Sessions Court here on Friday to pay RM178,457.60 in special damages and RM70,000 in general damages in connection with the animals’ attack that caused his neighbour to suffer a spinal fracture five years ago.

Judge Zawiyah Saad made the decision after finding the defendant, Datuk Seri Ong Thiam Boon, liable for the incident that befell the plaintiff, Datuk Mohd Kamal Abdullah, on February 10, 2021.

She allowed Mohd Kamal’s claim after considering the witnesses’ testimony, documents submitted, and written arguments from both parties after a full trial.

Thiam Boon was also ordered to pay five percent interest per annum on the said amount from the date of judgment until full settlement.

The court also dismissed the defendant’s counterclaim with costs and ordered him to pay global costs of RM15,000 to the plaintiff.

In the suit, Mohd Kamal claimed that his neighbour’s two dogs attacked him while he was jogging at Taman Anjung Tiara, Segambut.

The plaintiff claimed the incident caused him to fall while trying to protect himself from the attack, resulting in a spinal fracture that required surgery and follow-up treatment.

He claimed the incident was caused by the defendant’s failure to properly control the dogs and ensure that his residence gate was always closed.

However, Thiam Boon denied the allegation that the dogs attacked or made contact with the plaintiff.

According to his defence, Mohd Kamal lost his balance and fell while moving backwards on a steep and uneven road after swinging a stick towards the two dogs.

The defendant also claimed that the plaintiff’s injuries were caused or contributed by his own negligence.

In his counterclaim, Thiam Boon alleged that the plaintiff threatened him, causing him to experience fear, humiliation and mental stress.

In the proceedings, Mohd Kamal was represented by lawyer Shahril Madisa from Tetuan Shahrul Hamidi & Haziq, while Ong was represented by Tan Shao Jia and Wong Win Xien from Tetuan Manjit Singh Sachdev, Mohammad Radzi & Partners.

Sinar Harian