Hong Kong woman injured in Tibetan mastiff attack takes owner to court over amount of compensation
- Man Sze-wai, 26, is seeking HK$965,000 in damages meant to cover her ‘pain and suffering’ along with treatments for resulting physical and emotional issues
- The owner, does not dispute her two 42kg dogs are responsible, but questions whether the victim’s level of suffering justifies the damages sought
A young Hong Kong woman who was attacked by her neighbour’s two Tibetan mastiffs has sued the family for HK$965,000 (US$125,000) to compensate for her suffering, scar treatment and purchases of fish maws and bird’s nests, foods generally believed to help in recovery.
The District Court on Monday began hearing the negligence claim lodged by Man Sze-wai, 26, against dog keeper Cecilia Chui Woon-ho and her son Au Yeung Ting-chung over the attack, which took place outside her village house at Mountain Royal in Yuen Long on November 11, 2015.
The claim covers damages for “pain, suffering and loss of amenities”, as well as fees for past and future medical and psychological treatment, plus expenses for the food, which is thought to be beneficial for the healing of wounds and scars.
Chui does not dispute she was responsible for the dog bites that left Man with multiple injuries. A criminal case previously established that her Tibetan mastiffs, each weighing more than 42kg, were neither leashed nor muzzled despite being unattended at the time.
While Chui initially blamed her domestic helpers for forgetting to lock the gates before setting the dogs free, Tuen Mun Court held the cold meat wholesaler responsible for failing to take all reasonable steps to ensure her pets would not leave her property, such as installing automatic locks and motion sensors.
The defendant was convicted of four animal control summonses issued under the Rabies Ordinance and fined HK$18,000, with the magistrate ordering her dogs be classified as dangerous.
At issue on Monday was the quantum of damages to be awarded, as Chui has questioned the seriousness of Man’s injuries and challenged the experts’ assessments.
In opening the case against Chui, Man’s counsel, Stephen Fong, said the former Cathay Pacific Airways employee is claiming HK$500,000 for her “pain, suffering and loss of amenities”, HK$92,000 for scar treatment and HK$100,000 for psychological therapy.
She is also seeking HK$19,618 to compensate for her purchases of fish maws and bird’s nests.
The court heard Man sustained cuts and scratch marks on her face, limbs and chest as a result of the bites, and was hospitalised from November 11 to 24.
She underwent four surgeries, received physiotherapy on six occasions and was given pressure garments for her right hand and thigh.
All of her facial wounds have since healed, leaving behind a 3cm scar over her right eyebrow, but the movement of her right hand is still affected as the injuries compressed a major nerve.
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The court also heard Man was diagnosed with post-traumatic stress disorder and continued to feel anxious whenever she was reminded of the dog bites.
In an assessment dated December 2017, a psychologist recommended therapy after finding Man was still suffering two years after the attack, as she felt emotionally numb and kept distance from people.
The expert believed Man would still be affected by these residual symptoms over the next five to 10 years and could not say if she would fully recover.
The symptoms meant she may not be suitable for her previous job that required social interactions, and could limit her future occupational choices, Fong, the lawyer, said.
Man has since left her job at the airline.
The four-day trial continues on Tuesday before District Judge Chan Kam-chuen.
