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View Full Version : Judge Rules Four-Year-Old Can Be Sued for Negligence


Overlay
10-29-2010, 07:24 AM
http://www.msnbc.msn.com/id/39905143/ns/us_news-the_new_york_times

A court has ruled that a four-year-old girl who was riding her bicycle with training wheels, and racing another girl along a sidewalk on East 52nd Street in Manhattan in the presence of her mother, can be charged with negligence in a lawsuit resulting from the girl striking an elderly woman with her bicycle, causing injuries that resulted in the woman's death.

In legal papers, the girl's attorney noted, “Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence.” But the judge declined to stretch that rule to children over 4. On October 1, he rejected a motion to dismiss the case because of the girl's age, noting that she was three months shy of turning 5 when the woman was struck, and thus old enough to be sued, based on a case from 1928.

The judge commented that the girl's attorney “correctly note[d] that infants under the age of 4 are conclusively presumed incapable of negligence,” referring to the 1928 case. “[The girl], however, was over the age of 4 at the time of the subject incident. For infants above the age of 4, there is no bright-line rule.”

Overlay
10-29-2010, 07:44 AM
A court has ruled that a four-year-old girl who was riding her bicycle with training wheels, and racing another girl along a sidewalk on East 52nd Street in Manhattan in the presence of her mother, can be charged with negligence in a lawsuit resulting from the girl striking an elderly woman with her bicycle, causing injuries that resulted in the woman's death.

Slight correction: She was racing against a boy.

Tom
10-29-2010, 09:20 AM
Dirt or Poly? ;)

Greyfox
10-29-2010, 09:30 AM
Sheer madness. I can understand that the suit might be placed against the mother for negligence, but not the child.

boxcar
10-29-2010, 11:30 AM
Sheer madness. I can understand that the suit might be placed against the mother for negligence, but not the child.

I tell ya -- the lunatics in this society are running the asylum. This is something you'd expect to see out of some fairytale book and akin to some wicked witch heating up her oven to bake the kids on her block. :rolleyes: :rolleyes:

At least I hope the attorney told the kid to smash her piggy bank and hide all her assets in order to protect them. Or has the judge seized her little bank yet? :rolleyes: ..

This judge has to be some liberal loon. Only a lib would think this kind of action is sane, including the judge who passed sentence in the case that has set this moronic precedent. :bang: :bang:

Boxcar
P.S. I wonder how he would have ruled if the kid was black? Does anyone know the color of this little girl's skin? I'm thinking she's white because if she's black, every civil rights attorney on the planet would have stormed the court on her behalf on the basis of racial discrimination.