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Old 10-29-2010, 04:11 PM
 
Location: Michigan
29,391 posts, read 55,591,550 times
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Citing cases dating back as far as 1928, a judge has ruled that a young girl accused of running down an elderly woman while racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence.

The ruling by the judge, Justice Paul Wooten of State Supreme Court in Manhattan, did not find that the girl was liable, but merely permitted a lawsuit brought against her, another boy and their parents to move forward.

http://www.nytimes.com/2010/10/29/ny...o_interstitial
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Old 10-29-2010, 05:15 PM
 
43,011 posts, read 108,040,030 times
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Good. Not sure why this is news. Parents have always been liable for their children's actions.
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Old 10-29-2010, 05:19 PM
 
Location: maryland
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Give me a break *rolls eyes* this is bad as the health department shutting down the 10 year olds lemonade stand.
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Old 10-29-2010, 06:46 PM
 
43,011 posts, read 108,040,030 times
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Quote:
Originally Posted by paganmama80 View Post
Give me a break *rolls eyes* this is bad as the health department shutting down the 10 year olds lemonade stand.
The health department darn well should shut down a child's lemonade stand if the lemonade makes someone severely ill.

The children in the story ran into an 87 woman who fell and fractured her hip, which required surgery.

The parents are legally responsible because they should have been supervising their children better.
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Old 10-29-2010, 07:15 PM
 
6,292 posts, read 10,598,476 times
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Yes but the article says the girl is being sued not the mother. Really a 4 year old come on.
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Old 10-29-2010, 07:23 PM
 
43,011 posts, read 108,040,030 times
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Quote:
Originally Posted by Spazkat9696 View Post
Yes but the article says the girl is being sued not the mother. Really a 4 year old come on.
Not true. Both children and parents of both children are being sued.

Quote:
.....but merely permitted a lawsuit brought against her, another boy and their parents to move forward.
This article is focusing on the court ruling on whether to keep the girl included in the lawsuit.

In other words, the plaintiffs brought a law suit against the girl, the boy and both of their parents.

The girl's lawyer tried to get her dropped from the lawsuit, and the court ruled to keep her in the lawsuit.

The boy's lawyer apparently didn't try to get him dropped from the lawsuit.
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Old 10-29-2010, 07:30 PM
 
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I can understand the parents, but I can't understand the girl. I'm sorry but at 4 I doubt she had the capacity to understand what would happen if she hit someone with her bike. I also doubt the kids set out to hit the woman. Don't get me wrong it was a tragic accident, but let's face it sometimes stuff happens. I think as a society we're just sue crazy. There is no reason why 4 year old should have the possibility of a life long finical burden hanging over her head.
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Old 10-29-2010, 07:38 PM
 
43,011 posts, read 108,040,030 times
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Quote:
Originally Posted by Spazkat9696 View Post
I can understand the parents, but I can't understand the girl. I'm sorry but at 4 I doubt she had the capacity to understand what would happen if she hit someone with her bike. I also doubt the kids set out to hit the woman. Don't get me wrong it was a tragic accident, but let's face it sometimes stuff happens. I think as a society we're just sue crazy. There is no reason why 4 year old should have the possibility of a life long finical burden hanging over her head.
She won't. Her parents will be responsible for her financial debt because she's under 18. The inclusion of the children is for legal positioning during the lawsuit. It's a 'making sure all bases are covered' tactic. But the financial responsibility will ultimately rest on the parents, regardless. Something this serious shouldn't happen under the supervision under the parents.
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Old 10-29-2010, 07:42 PM
 
6,292 posts, read 10,598,476 times
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Quote:
Originally Posted by Hopes View Post
She won't. Her parents will be responsible for her financial debt because she's under 18. The inclusion of the children is for legal positioning during the lawsuit. It's a 'making sure all bases are covered' tactic. But the financial responsibility will ultimately rest on the parents, regardless. Something this serious shouldn't happen under the supervision under the parents.

All I can say is sometimes stuff happens before you can stop it. You can see it's coming, and you try to stop it but you can't. It's almost like you're moving in slow motion.
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Old 10-29-2010, 08:06 PM
 
43,011 posts, read 108,040,030 times
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Quote:
Originally Posted by Spazkat9696 View Post
All I can say is sometimes stuff happens before you can stop it. You can see it's coming, and you try to stop it but you can't. It's almost like you're moving in slow motion.
If that is the case, the jury isn't likely to rule against them. But mabye these parents didn't see it coming. There may be witnesses that the mothers were talking to one another and not even watching their children. There might be a well proven history of these mothers not properly supervising their children.

For example, there is a little girl in our neighborhood who is always crashing into our cars. Her mother doesnt' watch her while she's riding her bike. Neighbors remind her again and again to be careful near everyone's cars, but the little girl doesn't remember. Neighbors have politely asked her mother to be more attentive, but she still doesn't watch her daughter when she's riding her bike. When she gets more skill, this won't be a problem, but right now she needs more supervision while riding her bike at this age.

If she ran into an elderly lady and broke her hip, there would be many witnesses lining up to testify that the mother never watched her child. If another child who is often supervised broke an elderly lady's hip, the neighbors wouldn't feel there was any fault---just an innocent accident that couldn't be avoided. History makes a big difference in the eyes of neighbors and juries when it comes to these things.
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