4 year old can be sued for negligence....

Jump to Last Post 1-3 of 3 discussions (13 posts)
  1. Stacie L profile image88
    Stacie Lposted 7 years ago

    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?
    yikes

    http://www.gather.com/viewArticle.actio … 4978671665

    1. John Holden profile image60
      John Holdenposted 7 years agoin reply to this

      But surely it's the family of the victim who are suing, not the lawyer. He's only representing.

      1. Rafini profile image85
        Rafiniposted 7 years agoin reply to this

        ahem:  What lawyer would be willing to take a case involving a 4 year old defendant??

        1. John Holden profile image60
          John Holdenposted 7 years agoin reply to this

          The common bloodsucking lawyer?

          But what court would decide that the action should be allowed?

        2. John Holden profile image60
          John Holdenposted 7 years agoin reply to this

          In fact, what country would have a legal system that allowed such a thing?

          1. Rafini profile image85
            Rafiniposted 7 years agoin reply to this

            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??

            1. John Holden profile image60
              John Holdenposted 7 years agoin reply to this

              What sort of family would want to profit from the accidental death of a relative?

              1. profile image0
                DoorMattnomoreposted 7 years agoin reply to this

                I personally know someone who tried like crazy to profit from the death of someone.  Its a sad world.

              2. Rafini profile image85
                Rafiniposted 7 years agoin reply to this

                Lawsuits aren't always for profit.

  2. Lisa HW profile image65
    Lisa HWposted 7 years ago

    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).   hmm

    1. Rafini profile image85
      Rafiniposted 7 years agoin reply to this

      I can see suing the parents, but not the 4 year old.

      Accidents are accidents, but negligence is negligence.

  3. profile image0
    DoorMattnomoreposted 7 years ago

    "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?

    1. Lisa HW profile image65
      Lisa HWposted 7 years agoin reply to this

      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 lol ) 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.

 
working

This website uses cookies

As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

Show Details
Necessary
HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
LoginThis is necessary to sign in to the HubPages Service.
Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
AkismetThis is used to detect comment spam. (Privacy Policy)
HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
HubPages Traffic PixelThis 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.
Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
Features
Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
MavenThis supports the Maven widget and search functionality. (Privacy Policy)
Marketing
Google AdSenseThis is an ad network. (Privacy Policy)
Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
Index ExchangeThis is an ad network. (Privacy Policy)
SovrnThis is an ad network. (Privacy Policy)
Facebook AdsThis is an ad network. (Privacy Policy)
Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
AppNexusThis is an ad network. (Privacy Policy)
OpenxThis is an ad network. (Privacy Policy)
Rubicon ProjectThis is an ad network. (Privacy Policy)
TripleLiftThis is an ad network. (Privacy Policy)
Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
Remarketing PixelsWe 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 PixelsWe 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.
Statistics
Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)