In the first of such cases, a personal mobility device (PMD) rider and doctor seeking damages from separate dog attacks have reached the court level, with a decision pending on who’s to blame.
The PMD rider, a general worker from Bangladesh in Singapore named Hoque Am dadul, was allegedly chased by two dogs from industrial premises.
Mr Hoque, 34, fell onto the road and landed heavily on his knee, resulting in a knee fracture and other injuries.
It was reported that he was conveyed to Khoo Teck Puat Hospital for surgery on his right knee. He was given 220 days of medical leave, according to a Straits Times report on Monday (Feb 28).
Mr Hoque claimed that Yi Pek Engineering in Woodlands Industrial Park was negligent in keeping the two dogs leashed and within its premises.
Through his lawyer, N. Srinivasan from Hoh Law Corporation, Mr Hoque seeks damages in the State Courts for the pain he suffered, medical costs, loss of earnings, and other considerations.
However, Yi Pek Engineering denied the claims, saying its two dogs did not exit the premises. The company noted that there were stray dogs in the area, which may have been the ones that attacked Mr Hoque.
Furthermore, the company highlighted that despite the dogs’ running out of the premises and chasing Mr Hoque, the latter fell partly or wholly due to his negligence as he couldn’t manoeuvre his PMD properly.
Mr Hoque, who has since returned to Bangladesh, attended the court hearings held last year and last month before District Judge Allen Ng.
It was reported that further submissions from both parties are pending, the judgement on liability is due.
The second unrelated case involves a woman who was allegedly attacked by two dogs outside her house on Nov 1, 2020.
When the dogs attacked, Dr Joanne Lim was about to walk her Japanese spitz in Sembawang Hills Estate. She suffered thumb and limb injuries and had to undergo two operations, resulting in a four-day hospitalisation.
It was reported that Dr Lim is seeking damages against the handler of the two dogs for her loss of earnings, medical treatment for herself and her pet dog, and other costs.
Lawyer Foo Soon Yien from BR Law Corporation noted in court papers that the handler of the golden retriever and rough collie that attacked her and her pet dog failed to control the dogs and hold onto their leashes securely.
Meanwhile, the dogs’ handler, Mr Nigel Foo, denied Dr Lim’s claims, noting he was squatting at the time to pick up the dogs’ droppings, their leashes hooked around his arms.
The golden retriever spotted the Japanese spitz 30m away and tugged at the leash, causing Mr Foo to slip and fall. He then lost hold of the leash, and the golden retriever dashed off.
As he ran towards the two dogs, the leash of the rough collie also slipped out of his hands.
Dr Lim and Mr Foo eventually restrained the dogs and parted ways.
The injuries caused were not foreseeable, said Mr Foo, adding he had taken all reasonable care in controlling his dogs.
A three-day hearing in the State Courts is due in April for this case.
Lawyers expect to see more of such cases as more people own pets; however, these are usually settled out of court without admission of liability.
“They involve some split-second situations and can be about dogs biting other dogs or rushing to passers-by, scaring them and causing them to trip and fall. This occurs in parks or when the owner opens the gate in a landed property, and sometimes in HDB estates’ corridors,” Clifford Law partner Viviene Sandhu to ST.
Under section 10 of the Miscellaneous Offences (Public Order and Nuisance) Act, dog owners could be liable to a fine of up to S$5,000 if their dog bites another person.
The dog owner must also pay compensation not exceeding S$2,000 to the person that has suffered the injury.
The exact amount of compensation to be paid will be assessed by the court.
“As this is a strict liability offence, dog owners are liable in the event of a dog bite even if the dog owner was not negligent or did not know that the dog is inclined towards aggression,” notes Singapore Legal Advice.
Dog owners can also be liable for their dog’s actions in situations other than dog bites.
“One such scenario is if it can be proven that your dog has the habit of running at other persons, vehicles or bicycles along a public road. In that case, a fine up to S$1,000 may be imposed on the respective dog owner.”
“A dog owner may also be charged if he is found to be incompetent to walk his dog and allows his dog to attack another person or animal by not keeping it on a leash at all times,” explains Singapore Legal Advice.
In more serious cases, dogs displaying ferocious behaviour are required to be muzzled in public areas. Dog owners may be liable to a fine of up to S$5,000 for failing to do so.
If the incident leads to a bite or attempt to bite, the courts can issue an order to put the dog down. /TISG