CHEN JUAN v. LAM KIN SAM

CHEN JUAN v. LAM KIN SAM

On the facts found more likely by the court the defendant breached his duty by allowing a large dog to roam freely in the living room despite a request to fence it and foreseeable risk of misinterpretation of human conduct; that breach caused the plaintiff’s facial injuries and the defendant is liable; contributory negligence was rejected.

Citation
[2022] HKDC 1202
Parties
Plaintiff: Chen Juan; Defendant: Lam Kin Sam
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 November 2022
Case Number
DCPI3504/2019
Procedural Posture
Personal Injuries Action / Judgment
Outcome
Defendant liable for plaintiff’s injuries resulting from the dog bite; damages awarded to plaintiff.
Legal Topics
Dog Bite, Duty of Care, Foreseeability, Breach of Duty, Damages, Credibility of Witnesses, Quantum
Source Language
EN
Tort Personal Injury Animal Law Negligence Occupiers' Liability (pleaded But Not Pursued) Dog Bite Duty of Care Foreseeability +4 more

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Parties

Chen Juan

Plaintiff

Lam Kin Sam

Defendant

Procedural Posture

Personal Injuries Action / Judgment

Legal Issues

  1. 1 Whether the defendant was liable for the plaintiff’s injury caused by the dog
  2. 2 Whether a duty of care arose and was breached by the defendant
  3. 3 Whether the risk of harm from the dog was foreseeable and preventable

Ratio Decidendi

On the facts found more likely by the court the defendant breached his duty by allowing a large dog to roam freely in the living room despite a request to fence it and foreseeable risk of misinterpretation of human conduct; that breach caused the plaintiff’s facial injuries and the defendant is liable; contributory negligence was rejected.

Court Disposition

Defendant liable for plaintiff’s injuries resulting from the dog bite; damages awarded to plaintiff.

Orders

  • Defendant to pay plaintiff damages in the aggregate sum of HK$325,896.00 broken down as: PSLA HK$180,000.00; Pre-trial loss of earnings HK$140,000.00; Special damages HK$5,896.00; future medical expenses HK$34,000.00 (included above where applicable).
  • Interest: 2% per annum on general damages from date of service of writ to date of judgment; half judgment rate for special damages from date of Accident to date of judgment.