Bill and Allison lived year round on Rock Island with their sheep, chickens, and dogs. Each spring, they took in puppies of various breeds to train them to herd farm animals. These were not primarily working dogs, but were instead primarily house pets who were occasionally presented at herding dog shows. One year, Bill and Allison took on a difficult puppy named Grendel. Grendel was a small dog, an Australian shepherd who would reach a maximum of 35 pounds. Although she was wonderful around people, Grendel had a hard time with sheep. Herding dogs are expected either to face down the animal they are herding or nip at its heels to move it along. Grendel was a nip-at-the-heels sort of dog by nature and had trouble controlling herself. Whenever she was with the sheep, she scattered them in all directions as she bit hard on their hind legs. Because they still had work to do with Grendel, Bill and Allison decided to keep her with them through early July, the start of the tourist season. Each summer, the population of Rock Island swells from a winter low of 700 to a summer average of 12,000. Among these many visitors were lots and lots of children.
One day, Bill and Allison took Grendel to watch the Rock Island Annual Summer Soccer Kick-off. When the game began, Grendel, who was not on a leash, ran out into the field and began nipping at the heels of the children as they chased the ball. When the children began screaming, Grendel ran about wildly, biting at their shin pads as she tried to drive them into the net at the home team’s goal. By the time Bill and Allison could catch her, Grendel had gathered all the kids into the net. Several were bleeding from scraped knees when they had fallen as Grendel chased them. Only one child received a minor bite to the heel.
In an action for strict liability brought by parents for injuries to the children, Bill’s and Allison’s best defense is:
A. Grendel is a house pet and strict liability never applies to the harm done by such animals.
B. Grendel had never bitten or chased a person before and, although she had no experience with children, Bill and Allison had no reason to believe she might treat them like sheep.
C. Rock Island does not have a leash law and they were accustomed to controlling dogs without the need for a leash.
D. They were not Grendel’s owners.
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