Many parents will be shocked to learn that a 4-year-old child can be sued for negligence in a bicycle accident. A Manhattan judge, Justice Paul Wooten of the State Supreme Court, permitted a lawsuit against a girl, Juliet Breitman, 4, that accidentally hit an elderly woman while racing her bicycle with training wheels on a Manhattan sidewalk two years ago.
So how desperate does a lawyer have to be,to sue a 4-year old?
http://www.gather.com/viewArticle.actio … 4978671665
But surely it's the family of the victim who are suing, not the lawyer. He's only representing.
ahem: What lawyer would be willing to take a case involving a 4 year old defendant??
The common bloodsucking lawyer?
But what court would decide that the action should be allowed?
In fact, what country would have a legal system that allowed such a thing?
We have to start with the lawyer (obviously the family would want to seek 'revenge' or 'justice' or whatever they're claiming is the reason for suing a 4 year old) and the lawyer took the case - why?? - and gave good arguments to the court for the case to be tried. (that's all that was required to bring the case to court)
Again, I ask, what lawyer would be willing to take a case involving a 4 year old defendant??
What sort of family would want to profit from the accidental death of a relative?
I don't find it all that shocking. If it were my mother who was robbed of the last three years of her life because some idiots didn't know enough to stop their out-of-control kindergarten kids from racing their bikes were someone may come along, I'd sue too. Besides, no matter who says what about the death and the injury, it is known that when elderly people get a hip injury it is often the point where other health things get started as a result of their not being able to move.
If nothing else, the lawsuit will call attention to what can happen and maybe make a few people think a little more about where they have their kids on bikes, or whether they let them race them. Common sense tells people who have common sense that kids that age "forget" a lot of rules about safety and being careful of others when two or more of them get together and get all "hyped up".
Maybe the lawyer doing the suing knows if s/he sues the kid, herself, the next judge will then throw out the case, based on the fact that the kid can't be held responsible. From there, I don't know enough about how it would work as far as whether a new lawsuit against the mother of the kid could be filed.
If the mothers weren't there chances are nobody could be held responsible, but they were there and seeing what was going on. I think the mother of this kid is going to pay in either sweat and worry or else money.
Having had my own mother's death caused (or at least contributed to) by strangers, and as someone who has seen strangers knowingly harm (not physically) by kids; I know that one of the most difficult things to live with is not getting that day in court and not having the people responsible for the harm being held accountable and made to own up.
If nothing else, the family of the that elderly lady deserves the kind of "peace" and "resolution" someone can get just by getting that day in court and having the "wrong" acknowledged and given some degree of weight. They're living with having their mother in pain and hurt in the last three years of her life, and there's even that chance the accident indirectly caused her decline. They need that day in court. I don't think it's about their grief. I think it's about what their mother went through, and what they had to watch her go through; and what she was robbed of because a couple of clowns were too stupid to tell their kids to stop racing in that particular location. Maybe in the end, some judge will order the kid and/or mother into a bike safety program (or something like that).
"The family of the deceased woman is suing the children and their mothers"
"anyone with young children realizes that a 4-year-old lacks the maturity and could not have foreseen the danger of riding a bicycle into an elderly woman."
The parents should be held responsible. I have never been to Manhattan, but I am guessing the sidewalks are fairly full on a regular basis, and the moms could have guessed a collision would happen. I don't know of anybody who lets their kids race thru Wal-mart. Even if you didn't care at all about anyone else, wouldn't you be worried that your kid could get hurt running into something?
I'm glad I'm not the only one who thinks most mothers know not to let their kids race where other people (or breakable things ) are. Maybe, too, the law is that the little kid would have to be included in the lawsuit because it wasn't the mother who actually directly caused the harm. Maybe the law requires something like "lumping together" minor kids with their parents but also wouldn't allow a lawsuit to happen at all if whoever directly caused the harm weren't being named because she's a child. ??? I have a feeling that's how it probably may work.
by Steven Escareno 7 years ago
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 …...
by Jeff Berndt 5 years ago
So we have freedom of speech in the US, but we also have a crime called "incitement to riot."If you want to commit that crime, what you need to do is get up in front of a group of people, and say some words. If the words you say make the crowd angry enough to run around assaulting other...
by Dear_hubs 7 years ago
It has been a gray area for a long time that in the UK, sex below the age of 16 is illegal and many frown on it. I'll be honest, I lost my virginity at 15, however I am not a criminal, I have lead a community driven life and am a law abiding citizen.In this day and age, children are exposed to sex...
by SPomposello 3 years ago
My wife and I currently live in a small two bedroom in the Bronx, NY. We have a 15 year old daughter. My wife is pregnant with another on the way, we don't know the sex yet. We plan on moving into a bigger 2 bedroom by the time the newborn turns two years old. The thing is 3 bedrooms are expensive...
by Stacie L 7 years ago
http://www.msnbc.msn.com/id/39389689/ns … and_asthmaHow about abuse by allergy?When a Wenatchee, Wash., high school student smeared peanut butter on the forehead of a fellow student with a serious peanut allergy two years ago, it was so shocking that the offender faced an assault charge and...
by Flightkeeper 7 years ago
Radical leftist James Lee became a militant environmentalist after seeing Al Gore's movie, An Inconvenient Truth, and has held three people hostage when he stormed the lobby of the building where Discovery Channel has their offices. He made demands that people stop having children. Obviously...
Copyright © 2018 HubPages Inc. and respective owners. Other product and company names shown may be trademarks of their respective owners. HubPages® is a registered Service Mark of HubPages, Inc. HubPages and Hubbers (authors) may earn revenue on this page based on affiliate relationships and advertisements with partners including Amazon, Google, and others.
|HubPages Device ID||This is used to identify particular browsers or devices when the access the service, and is used for security reasons.|
|Login||This is necessary to sign in to the HubPages Service.|
|HubPages Traffic Pixel||This is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.|
|Remarketing Pixels||We may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.|
|Conversion Tracking Pixels||We may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.|