Well according this article on yahoo, you can. Check it out, and tell me what you guys think of it. Would you sue a kid if you could legally get away with it? is it even morally justified or not? please read and discuss this.
http://www.nytimes.com/2010/10/29/nyreg … terstitial
weird. i only read the first part but only if it was happening alot , i mean can a 4yr old really be intentional? I think it's the parents' fault for not teaching the kid. otherwise if it's a rare and random case forget it. Sheesh!
i know, but supposedly this four year old racing her bike down the hill caused an old lady to die as she ran into her. that's why this was so controversial. personally, im with you, as a 4 year old doesn't really comprehend the difference between right and wrong fully at that age. However, I do think the parents of that said child should be sued, as they even said they were witnessed to the whole thing, so it's their responsibility. Not the child herself, as she's too young to know better. it's her parents fault if anything.
NO, she supposedly died of unrelated causes three months after the accident.
I don't think a four or five year old knows what they are doing. However, in any case, the parent should be fined and should be sent to parent counseling to reinforce their parenting skills before the kids are running the show in the house and the neighborhood.
OMG I just read that. That is so stupid I'm pretty sure the little didn't know what she was doin and she didn't do it on purpose...smh
And I am not sure that I would sue her parents either.
Have we lost the word " accident" from our language?
A terrible accident.........the responsible and adult thing, is for her parents to pay for the medical bills caused by the injuries.
Her death was due to other causes.
Okay- here is my thought. 4 to almost 5 year old children are aware of their actions. Heck, even my 2 year old knows what will get her in trouble and what won't.
However, if it was an accident- then don't pursue it, if intentional- than by all means someone is responsible!
The parents are ultimately responsible for the medical expenses caused by the children. As for her dying? Probaly complications due to the surgery which could be traced to the actual "incident" but overall cannot be directly linked, therefore, the kids and the parents should be free of conviction regarding the death.
Pretty sad that we even have to have such cases in our courts anyway. Pointless.
hmm..you bring up a lot of good points there about this issue. I do agree that it's pretty sad with all the other problems we have out in the world that something like this is allowed to be taken to court. However, what if it could be proven beyond a reasonable doubt that the incident was the direct cause of the old lady's death, then should the parents still be held accountable or the child though?
The way law works is so insane. There is something called 'Duty of Care' under Unintentional Tort or Negligence. It means that a reasonable person has a duty to take care not to harm another. Breach of Duty is the failure to act as a reasonable person in a case where they 'knew' or 'should have known' that their actions would cause harm. I think the judge in this case is way off base. The kid's lawyer needs to prove some defense against the negligence such as Superceding or Intervening Event. The woman died but not as a result of the accident so therefore the "superceding event" sort of trumps the negligent act. He could try to prove Assumption of Risk in that the woman at 87yrs old assumed the risk of walking outside on a Manhatten sidewalk by herself. Maybe a case could be made for Contributory Negligence, both the child and she were at fault because she probably walked in front of the kid. There is also something which is held strictly for children called Attractive Nuisance. The sidewalk, the bike, the outdoors might together be considered an attractive nuisance. All in all, I'd say it will be appealed and the appelate court will find some error for mistrial.
What, exactly, does the estate of the deceased Ms. Menagh expect to gain from suing a 4-year-old? It won't bring the lady back.
When you're 87 there is an inherent risk in walking. Period.
And she died 3 months later of UNRELATED CAUSES.
In a word, this case sounds BOGUS.
No they were related causes, when anyone breaks their hip or leg at 87yrs old their health rapidly deteriorates because is very hard for them to bounce back from something like this.
I saw this alot at the hospital.
Even though it may seem unrelated its like a domino effect once one thing happens it won't be long till it becomes another thing then another. If you live that long.
Well there's no arguing the case sounds bogus. I mean seriously. I could understand them wanting to sue the kid if they were like a teenager to teach her a lesson, but what do they honestly expect to gain out of suing a 4 year old? She probably barely understands what's going on. Let alone comprehend the fact that her actions might be an indirect cause of this woman's death.
No I would not sue a 4yr old she has little comprehension of right or wrong and has no idea of the ramifications of what her actions would do.
I might sue her parents for neglegence for not watching her better, if it was proven that the parents could have avoided this incident by being more diligent when watching her.
But most likely this kid was only playing and didn't realize what was happening till it was to late.
sad what this world is coming to when you have people who want to sue a 4yr old.
Sue a four year old, for what her candy and piggy bank? besides that I believe the law says something about bringing legal proceedings to only those who know the difference between right and wrong, and must be over the age where they can understand and be logical, somewhere around 12 or 13
maybe the 4 year old should go to kiddie prison for assault
I would sue the Osh Kosh pants right off that little crumb cruncher. Punishable by extra vegetables at dinner and cooties.
A 4 year old does not have a TRUE NOTION or understanding of words "danger","ijury","death". You cannot blame him/her. that's why people hire babysitters for a long time, till 15 may be. If not,they just watch them closely like hawks themselves! You cannot sue his parents, what can they do? Sometimes it's just a matter of seconds between life and death/injury situation. It's just your lucky chance that you've won today, that you've been quicker that you stupid "chicken" who jumped in front of a speeding car or into the cold river, or just into the wrong end of a swimming pool. And you were desperate enough to be faster than the car,river or whatever. That's how my 4 years old son learned how to swim - he jumped into the wrong side of a swimming pool(2,5 metres deep)! Not everybody is lucky. Some people win a lottery, some win a life. I never won a lottery, but a life - numerous times!
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