4-year-old Could Be Sued for Negligence?!

[farmerlor]

Ah, but there's already speculation as to the motives of these greedy relatives and their evil lawsuit against these angelic babies. Let's remember that an old woman was SEVERELY injured here and if it was your mother you'd want at least an apology......and again, I don't know that an apology wasn't tendered or help offered and the relatives could indeed be evil people but I hate one sided reporting.

 

[pips&peeps]

Well obviously a 4 year old doesn't know the consequences of their actions and I doubt they were malicious in their bike riding....

 

[annaraven]

pips&peeps :

Well obviously a 4 year old doesn't know the consequences of their actions and I doubt they were malicious in their bike riding....

I agree. Obviously, it wouldn't go over as a criminal case.

I suspect the reason the child is named in the suit is because they were going for both the parent and the child (I'm assuming it's a legal thing) - the real target is obviously the parent, while the kid is the one who actually inflicted the injury. Having seen some parents who take absolutely no responsibility for their kids' behavior, I can understand wanting to sue the snot outta someone who let their kid run over a feeble member of my family, whether it was an elder or a child. How would you feel if they had run over a baby or a toddler who then died?

I'm just pointing out that the reporting is obviously one-sided; if it were so clearly crazy, I doubt the judge would have let it go ahead.​

 

[EHaus]

Here's another article on the same subject. http://www.nytimes.com/2010/10/29/nyregion/29young.html?_r=1&no_interstitial

 

[yomama]

Cheese and rice! What next? Are we going to sue newborns for causing their mothers injury during birth? It is tragic that the elderly woman passed away, but come on. I really do think it was a matter of being in the wrong place at the wrong time for her. And both articles posted above stated that she passed from unrelated causes.Yes, I think that the family of the young children definitely owes the elderly woman's family an apology, just for the sake of what happened. As stated, we don't know if that already happened or not. They were 4 years old. It was obviously (hopefully, and most likely) not something that was planned. If that were the case, then yes, by all means, sue the parents.

 

[mom'sfolly]

I find it hard to believe that the judges ruling. It is not saying the parent was negligent, but that the child was. A child of four probably doesn't have the motor skills to fully control a bicycle, this kid was still using training wheels....

I was knocked down by an eight year old on a bike, it hurt, but even if I was severely injured I would not have considered suing the kid. This is a silly lawsuit!!!!!

 

[debilorrah]

You wanna know what I think? I think is a sad state of affairs that 4 years old can't just be kids anymore.

 

[redhen]

Wacko judge..
There was an adult present.. why wasnt the ADULT held responsible?
I think IF anyone was responsible..it was the adult in charge of the children..

 

[purr]

nowadays you will find a ton of lawyers telling you never to apologize because its an admission of guilt.
There is no such thing as an accident anymore its ridiculous!

 

[Dunkopf]

Obviously the headline is just to suck people in. Whenever anyone under 18 gets sued, it is the parents not the kid. You are responsible for them till they are 18.

Hard to say if it's frivolous or not. I don't think the family is responsible for any bills owed by the dead mother for her injuries. However she may have had an estate that the children were due to inherit. That estate would be fair game for any debtors. So the family would have a reason to sue in that case.

If your dog runs in to the street because it was not properly restrained and damages a car, you are responsible for the damage that the dog caused. It's doubtful that the dog was acting maliciously. So the dog is dead and you have a car to pay for the repairs on. It's all about responsibility. Obviously there probably wasn't much the parents could have done even if they were paying attention. It still doesn't relieve them of responsibility though.

Good lesson for those without a homeowners or renters policy.