No wonder people keep kids on a leash

[tricky lugnuts]

http://www.nytimes.com/2010/10/29/nyregion/29young.html

Basic gist:

"Citing cases dating back as far as 1928, a [New York] judge has ruled that a [4-year-old] 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."

Now the common sense question here is, what the hell would you even sue a 4-year-old girl for? 

[PocketThunder]

http://www.nytimes.com/2010/10/29/nyregion/29young.html

Basic gist:

"Citing cases dating back as far as 1928, a [New York] judge has ruled that a [4-year-old] 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."

Now the common sense question here is, what the hell would you even sue a 4-year-old girl for? 

Her bike? 

[Old Moparz]

Timing is everything in New York City.

"At some point in the race, they struck an 87-year-old woman named Claire Menagh, who was walking in front of the building and, according to the complaint, was "seriously and severely injured," suffering a hip fracture that required surgery. She died three months later of unrelated causes."

If the parents didn't rush their kids into learning to ride a bike so young & had waited just another 90 days, the woman would have been resting in a coffin & never would have been in the way on the sidewalk.   

[Vainglory, Esq.]

I thought it was a bit odd too when I was studying for the California bar, since minors are excluded from liability in many other areas of the law, such as contracts.  However, in torts, minors can be sued and held fully liable for what they've done.  

The more interesting question is to what extent the parents are liable.  At the common law, parents are not liable for the torts of their children, but there are serious limitations to that statement.  First of all, statutory law often imposes joint and several liability, meaning that whatever your kid does, you're also responsible for, up to a certain dollar amount, often in the thousands (averaging about $5000, depending on the state).  Secondly, if know that your child is dangerous, you have a duty to restrain them.  Also, if you entrust a dangerous instrumentality to your child, you have a duty to make sure that they use it properly.

The funny thing about this is that New York is one of only two states that does not hold parents statutorily liable for the misdeeds of their kids.  So it really is a good question - what kind of recovery can they expect from a 6 year old kid?

[RD]

another reason why the judicial system is as much of a constructive piece of government as it is a destructive monstrosity.

[learical1]

when I was studying for the California bar

to become a lawyer or a bartender?   

[Black Charger]

Suing a 4-year old kid, now I've heard everything. Just what do these morons expect to get from her? Her stuffed animal collection? Her dolls? Whoever came up with the idea of suing a child should just be bitch slapped.

[greenpigs]

Suing a 4-year old kid, now I've heard everything. Just what do these morons expect to get from her? Her stuffed animal collection? Her dolls? Whoever came up with the idea of suing a child should just be bitch slapped.

People just want easy money and will sue your toddler, dog or whatever they think will turn a buck.