Reference no: EM133800046

Question

A dog owner lived next door to a daycare center. Because he had a large yard and there were no applicable zoning restrictions, he installed a kennel and began training attack dogs to sell to businesses. As soon as he opened the business and posted signs in front advertising the exceptional ferocity of the dogs, some parents who had children enrolled in the daycare center become alarmed at the prospect of the dogs right next to the yard where the children played, especially because the children could see and hear the dogs being taught to attack people. Within a few months of the dogs' arrival next door, the owner of the daycare lost 10% of her enrollment. If the daycare owner brings a nuisance action against the dog owner, what will be the most critical factual issue that the trier of fact must resolve to determine who should prevail? Question 10 options: Whether the daycare owner suffered other damages in addition to her economic losses. Whether the daycare owner's use of her property makes her business abnormally sensitive to the presence of the dogs. Whether the dog owner conducted his business with reasonable care. Whether the dog owner was apprised of the daycare owner's concerns and did nothing to alleviate them. The owner of the daycare center did not come to the nuisance.