Personal Injury Law

A negligence suit against 4-Yr-old can proceed - per Judge in Bicycle Case

By LaBovick Law

In an unusual negligence case, a judge rules that a case involving a 4-year old on a bicycle and an elderly woman can proceed. The case happened two years ago in Manhattan. Two 4-year olds, riding bicycles with training wheels on a New York Sidewalk, struck down an elderly 87-year-old woman, who died three days later as a result of injuries. According to court documents, the two children were under the supervision of their parents at the time when the tragic incident occurred.

The Judge presiding over the case, Justice Paul Wooten, cited cases dating back as far as 1928, that the young girl, racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence. He stated the following after the defense attorney tried to argue that the child should not be held liable since her parent was present.

'A parent's presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street,' the judge wrote. He added that any 'reasonably prudent child,' who presumably has been told to look both ways before crossing a street, should know that dashing out without looking is dangerous, with or without a parent there.

The crucial factor in this case is whether the parent encourages the risky behavior; if so, should the child be held accountable? This is a unique case that stirs controversy for both sides. It will be interesting to see what a jury will find, if the case does not settle before trial. The court of popular opinion is split down the middle. How can you hold a child so young, responsible for this tragedy?
 
Click on the following link to read more on the story from the New York Times "  4-Year-Old Can Be Sued, Judge Rules in Bike Case

Full post as published by LaBovick Injury Law Blog on October 29, 2010 (boomark / email).