She gives up all she owns or goes to jail.
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.
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Meaningless ruling! So she can be sued. She doesn’t even need a lawyer. She can plead guilty to a $1000000 billion settlement, not have the money, declare bankruptcy, and by high-school have no legal record the suit ever happened while the dumb asses that sued her are still paying their lawyer bills.
Brilliant!
Technically, this lawsuit isn’t about suing the child but the mother.
The mother was “negligent” in her supervision of the child, thereby allowing the child to inflict harm.
Ok, I see that. So now, does this mean that the parent(s) of a bully who punches another kid can be held liable? What if the kid grows up to be a gang-banger and kills someone? Is the parent guilty of negligent homicide?
Technically, this lawsuit is about suing the child.
Technically, link says the mother was sued too.
Technically, the kiddie could have a private trust set up in her name only, or other assets ready and available to pay judgments.
Technically, should kiddies even under 4 be subject to lawsuits? Of course, because technically that brings the parents in which often brings in a home owners liability policy or whatever.
Technically, what this mostly shows is stupid lawsuits having to be filed because our social safety net is full of whole making lawsuits the only alternative.
Technically.
About time these damn renegades on tricycles got cracked down on. It’s anarchy out there.
People have to choose sides: us or the free-wheeling murderers.
I think the kiddie could have a private trust set up in her name only, or other assets ready and available to pay judgments.
You don’t file a suit like this unless the attorney has found assets.
Can I then sue children for disturbing the peace?
Some noise is OK, but screeching at the top of their lungs just because they can is not.
Cursor_
And they say America is not broken.
#2
“Bureaucrat Conrad, you are technically correct – the best kind of correct.”
Bureaucrat Number 1.0 from Futurama
Requiring tricycle and bigwheel state licensing, vehicle registration, and especially, liability insurance, is the prudent thing to do.
#10 Nice. Nailed the landing.
If a person that age has that kind of injury and dies a few months later the odds that the two events are unrelated aren’t very good.
Yeah the old lady might have died of food poisoning or cancer but they also don’t bounce back at all well from major traumas. They are vastly weakened and may well be unable to get up and about. They catch something because of their weakened condition and die that they would have either recovered from or not even contracted.
@Jstokey,
It’s an old woman that’s bringing suit, not America. Don’t get us confused.
@deowll, If you are so old and frail that you trip when you walk on my property, then don’t walk on my property.
If the wind blows and you fall over, don’t go suing the wind for your near-death state of health.
So then instead of worrying about social security issues, we just hand out free big wheels to all the kids and the problem is solved, easy peasy. Assuming of course that older men are prone to this weakened condition as well.
That’s what i like about you deowll, always making the lemonade.
I think this is perfectly acceptable – so long as she gets a jury of her peers.
The jury should all be 4year olds.
>> a lawsuit brought against her, another boy and their parents to move forward.
“and their parents’ is the key line here.
The injured woman wants to make a claim on the parents’ home owner policy, I assume.
If, so this isn’t a news item, is it?
The four-year-old isn’t any more liable than the family dog — it’s the parents who are liable.
If my dog bites somebody,I can be sued. So what is the big fucking deal?
Faxon, I think I’ll sue you for writing that.
Your honor, is my four year old client negligent?
Of course. She’s four fracking years OLD!
It’s her job to be negligent.
The plaintiff is an adult. It’s her job NOT TO BE negligent around four year olds.
I move for dismissal based on self-evidence.
In a related case, the family of the dead old woman have been found to be assholes.
No pity for the 87 year-old that needed surgery in the last 3 months of her life?
#22 I think many/most people feel, like me, sorry for the unfortunate victim of the accident.
I see people in caualty who have been hurt. Being human involves having sympathy for those who suffer. I feel sorry for hurting people whether it is their fault they are there or not.
I certainly am not sorry for her idiot family who have decided to sue a 4 year old. I reccomend that they are investiated for possible misuse of oxygen. There is reason to suspect watage here…
Most judges were previously lawyers and still associate with lawyers. Lawyers make money with lawsuits. Rulings like this ultimately make more money for lawyers. Its as simple as that.
Seems to me that City and State of New York are Libal For Not requiring Tricycle Operators Training Course, Have PEDESTRIAN WALK RIGHT OF WAY, And Yellow and White lines For Tricels as well for people entering Tricels Right of Way. Seems to me It is the State and City that is at fault for not forseeing the event and taking action. Wake up New York.