Seremban sessions court judge Surita Budin said Yap Siew Ling, 40, and Chin Jie Ying, 10, succeeded in establishing their claim against Lim Chwee Tin, the owner of the dogs.

“The dogs were under the custody and control of the defendant and caused injuries to the plaintiffs in an unforeseen attack,” she said in a 39-page judgment posted on the judiciary’s website yesterday.

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

Yap and her daughter were awarded RM223,469.60 in total, comprising RM88,000 to Yap for 11 months’ loss of earnings as a beautician and aesthetic consultant following the incident at Kepayang Heights, near Seremban, on April 27, 2019.

The judge said the defendant had admitted that the dogs had killed a neighbour’s dog in a previous incident.

“The defendant should have realised and learnt from the first incident. The defendant knows the level of the dogs’ aggression and their vicious propensity to bite or attack human beings,” she said.

Lim had also admitted that she was fined RM3,500 after pleading guilty for negligence under Section 289 of the Penal Code.

According to the facts of the case, Yap and Jie Ying were passing by Lim’s home after an evening walk at Kepayang Hill when one of the dogs rushed out and attacked and dragged Jie Ying.

The dog bit Yap’s left hand as she attempted to shield her daughter by hugging her.

They screamed for help and neighbours came out to assist them.

The judge found that Lim emerged and pulled the dog away after the incident, at which point a second Rottweiler rushed out and attacked Yap’s left palm.