Business 8th Edition by Marianne Jennings

تمرين 37

Benjamin VonBehren, then two years old, and his mother paid a visit to their neighbors Edward and Diane Bradley. Mr. and Mrs. Bradley were not home, but Benjamin and his mother were invited into the Bradley home by the Bradleys' sixteen-year-old daughter, who was at home babysitting her nine-year-old brother, Andy. Andy and Benjamin went to the backyard to play with the Bradleys' dog, a labrador retriever. The Bradleys' dog had a bird in its mouth, which was disturbing to Benjamin. Benjamin hit the dog and pulled its ears and tail to get it to spit out the bird. The dog instead bit Benjamin, who had severe lacerations on his face.
The VonBehrens sued the Bradleys, and the trial court dismissed the case because Benjamin had provoked the dog. The VonBehrens have appealed. What should the appellate court do? Should the Bradleys be held liable? [ VonBehren v Bradley, 640 N.E.2d 664 (111. 1994)]