Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

Exercise 5

Two-year-old David Allen was bitten by Joseph Whitehead's dog while he was playing on the porch at the Allen residence. Allen suffered facial cuts, a severed muscle in his left eye, a hole in his left ear, and scarring over his forehead. Through his father, David sued Whitehead, claiming that, as owner, Whitehead is responsible for his dog's actions. Whitehead admitted that (1) the dog was large, mean looking, and frequently barked at neighbors; (2) the dog was allowed to roam wild; and (3) the dog frequently chased and barked at cars. He stated, however, that (1) the dog was friendly and often played with his and neighbors' children; (2) he had not received previous complaints about the dog; (3) the dog was neither aggressive nor threatening; and (4) the dog had never bitten anyone before this incident. Is Whitehead liable?