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How Can a 4-Year-Old Be Sued?
A New York judge ruled that a 4-year-old girl who accidentally hit an elderly woman with her bicycle can be sued for negligence, The New York Times reports.
The girl, Juliet Breitman, and her friend Jacob Kohn, who were both 4 at the time, were racing their bicycles (with training wheels!) on the sidewalk in ftont of their midtown Manhattan building as their mothers Dana Breitman and Rachel Kohn looked on. The children accidentally hit 87-year-old Claire Menagh, who broke her hip and died 3 months later from unrelated injuries.
Justice Paul Wooten of State Supreme Court in Manhattan ruled that a lawsuit against two children and their parents can move forward. How is that possible?
After Menagh’s death, her estate sued both the children and their mothers for negligence. But James P. Tyrie, Juliet’s attorney, argued that the girl was not “engaged in an adult activity” at the time of the accident.
“She was riding her bicycle with training wheels under the supervision of her mother” — and was too young to be held liable for negligence,” he said, arguing that New York law prevents the prosecution of children under 4.
But Justice Wooten pointed out that the girl was a few months shy of 5 years old. To be clear, the Judge didn’t rule that the 4-year-old shouldbe sued or that she was liable for Menagh’s death –just that the case against her can proceed.
I’ve never been to law school, so I certainly can’t speak to the ins and outs of this particular (or any) legal judgment. But I don’t understand how a 4-year old (or even a nearly 5-year-old) could possibly understand the ramifications of her actions.
I’m sure Clare Menagh’s children are bereft about losing their mother, but this was clearly a freak accident — an unfortunate, terrible accident, but an accident nonetheless. What is to be gained by suing a child? Could the mothers who were supervising the preschoolers possibly stopped this accident from occurring?
I find myself increasingly torn between wanting to protect my kids (and those innocent bystanders around them) and wanting to encourage their independence. It’s legal for kids under 12 to bike on the sidewalk in New York City, but, of course, accidents do happen. I’d hate for this case to spur parents to be even more overprotective.
“Self-consciously, a mother or father intervenes in children’s disputes at the risk of being deemed a helicopter parent; or maybe that parent does not hover, indulging in a rare moment of conversation, or God forbid, a complete train of thought, at the risk of being judged a bad caregiver — or, worse, having a child sued for negligence,” writes Susan Dominus in The New York Times.
As the mother of a 5-year-old who still believes in Santa Claus and the Tooth Fairy, I am not so certain that a child that age even an intelligent one can appreciate the danger of riding a bicycle into an elderly woman.
What do you think about the Judge’s ruling in this case?
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43 Comments
[...] Thanks to the “genius” of Judge Paul Wooten of State Supreme Court in Manhattan you AND YOUR CHILD can be sued according to this Bullshit Lawsuit. [...]
*WHACKadoo* Wednesdays! « c3south's *Hissy Fits & Happy Places* commented on Nov 03 10 at 10:06 pm[...] Thanks to the “genius” of Judge Paul Wooten of State Supreme Court in Manhattan you AND YOUR CHILD can be sued according to this Bullshit Lawsuit. [...]
*WHACKadoo* Wednesdays! « c3south's *Hissy Fits & Happy Places* commented on Nov 03 10 at 10:06 pmRi-chan commented on Nov 01 10 at 9:43 amI think the judge probably understands that letting them sue the child doesn’t mean they will win the lawsuit.
Gretchen Powers commented on Nov 01 10 at 9:46 amWow. “I’d hate for this case to spur parents to be even more overprotective.” THAT’s your takeaway from this? How about the parents should be sued. Sidewalks are not for bike riding. Period.
starrsitter commented on Nov 01 10 at 10:00 amOr…we could stop suing everybody over really stupid things. What could possibly be gained from suing over this? Children will have fewer places to play?
Bec commented on Nov 01 10 at 10:16 amThis is disgusting. What a bunch of litigious buttheads. She died from UNRELATED injuries, so their bereavement is no excuse for being greedy asshats.
goddess commented on Nov 01 10 at 10:20 amBec- a broken hip for an 87 year is no walk in the park. While the child should not be held liable, the parents should indeed. Pedestrians have a right to safely navigate sidewalks without harm. But if parents can’t follow the kid (like I did with all three) until they are sure the kid won’t plow into people. they should stick to backyards, driveways and empty parking lots.
Paula what is to be gained? Well some parents are so self-absorbed, ignorant and feel so entitled that ONLY hitting them in the wallet wises them up to their own responsibilities. Sad, but true.
goddess commented on Nov 01 10 at 10:21 amBTW- my source says the woman died 3 WEEKS later and does not say it was unrelated. http://today.msnbc.msn.com/id/39905143/ns/us_news-the_new_york_times/
goddess commented on Nov 01 10 at 10:22 amMy bad- I see the correction in the later article.
Kikiriki commented on Nov 01 10 at 10:38 amActually, in NYC, children under the age of 12 are legally allowed to ride their bikes on the sidewalk. Not that I’m excusing what happened, but in NYC most of us don’t have backyards, driveways, or empty parking lots. We have parks, and we have sidewalks. And that’s it.
I too think it is ridiculous that a 4 year old can be sued for this. Sue the parents if you want to sue someone, but a 4 year-old is ridiculous. As far as the accident goes, one account says the kids were “racing” when they hit the women – to me, that means they were too far away from the moms and had not been taught the proper way to ride their bikes with people present. If that is the case, then it is definitely negligence on the part of the mom. However, if they were not going fast, within reach of the parents (within reason), and couldn’t stop in time, that might be different. MIGHT be. But I imagine it will only come out when this case goes to court, because as far as I know the parents of this little girl and her friend aren’t talking.
goddess commented on Nov 01 10 at 10:48 amHowever, bicyclists must yield to the pedestrians.
Thing is, if parents don’t act responsibly and teach their older children to do so, eventually bikes will be banned on sidewalks altogether- just because a few knuckleheads have no courtesy or decency. No elderly person should have to worry that they will get ran over and end up in a nursing home- or dead. And I certainly wouldn’t want that guilt on me and my child either.
thefad commented on Nov 01 10 at 12:08 pmWhat has the world come to that people can actually think it’s justified to sue a parent and their 4 or 5 year old child? What happened was a freak accident and yes there are lessons that can be learned from it. Those who are in support of this, what lessons can be learnt if the 4 year old and her parents lose the case? Sometimes we need to use common sense and stop all this nonsense.
Kikiriki commented on Nov 01 10 at 12:50 pmAgreed – which is why if the parents either didn’t teach their kids to slow down and watch out for pedestrians, or weren’t close enough to stop them while they were going so fast, or both, then they’re definitely in the wrong. On the other hand, I was once hit by a little kid on a bicycle who swerved into me as I was walking by. He wasn’t going too fast, and his dad was right there with him, but sometimes kids move and you can’t control everything. Dad was very apologetic. And I was very understanding, because I knew he couldn’t do anything fast enough to stop it. I have no idea what happened in this case. Were they moving a bit too fast? Did the elderly woman step out in front of them? (because I’ve had that happen to me too, and it was quicker than I thought an elderly woman could move. She was spry!) Unfortunately, I fear it was less “freak accident” and more that the moms weren’t paying enough attention, let the kids get away from them, and bicycle faster than they should have.
Rosana commented on Nov 01 10 at 1:32 pmA 5-year old is legally considered “reasonable prudent child” but an adult can win a lawsuit against McDonald’s because they are not considered to be reasonable prudent with their fast-food intake and become fat?
goddess commented on Nov 01 10 at 1:37 pmthe fad: When parents see other parents pay for being negligent in keeping their child form harming other people, they will think. Unfortunately they only thing some people respect is a loss of money- not life or limb.
Leanne commented on Nov 01 10 at 1:40 pmSidewalks are not free from harm. The children could have been running with each other, mere steps away from their parents and the exact same outcome could have resulted.
While it is horrible that this has happened, Claire Menagh also has to share the sidewalk with very small children, on bikes or off, and all other manner of legally allowed persons using multiple modes of legally allowed transportation.
And, please, don’t start with the “parents not paying attention” stuff! Parents cannot be held responsible for the things children do! It’s ridiculous! They are independent persons! This accident could have happened whether the parents were themselves in direct control of the children and the bikes or standing many feet away.
This is really ridiculous. Only in the US are we so vindictive that they sue 4 year olds. And only in the US do they pervert the law that states people 4 years old and younger are protected from lawsuits because a child was “nearly” 5. Last time I checked, 5 was 5 and 4 was not.
paulabernstein commented on Nov 01 10 at 1:40 pmWhat baffles me in this case is that the elderly woman died three months later of unrelated causes. So, sure it’s possible (even likely) that the accident hastened her death, but there’s no clear connection. Also, if the parents are to blame for poor supervisions and guidance, then sue them, not the kids.
goddess commented on Nov 01 10 at 1:58 pmDo you think a broken hip at 87 is much better than death Paula? It usually lands them in a nursing home. No elderly person deserves that. I agree the parents should be sued, not the child. Perhjaps Manhattan [where there are apparently no yards, driveways or parks in which to practice bicycle riding] isn’t the best place to raise kids? After all, even in the burbs I can’t buy a horse and have my kids ride it to school. Sacrifices in any choice we make, I’d say. But pedestrians shouldn’t be the casualties if parents can’t do a better job keeping their kids from being a danger.
Leanne commented on Nov 01 10 at 1:59 pmMaybe one of Claire Menagh’s children is a lawyer, or the spouse of one? Because the only reason to sue little children is to generate legal fees.
Ugh! This story makes me crazy.
goddess commented on Nov 01 10 at 2:01 pmLeanne- bikes must yield TO pedestrians. And yes, parents can and are held responsible for what their children do. Sheesh. IF you aren’t willing to accept that, don’5t have em and inflict them on society at large.
And wow- apparently in America we really have no compassion for elderly people. Guess she should have been in a nursing home anyway. @@
paulabernstein commented on Nov 01 10 at 2:05 pmGoddess, are you saying that we should move to the suburbs to raise our kids since they shouldn’t be playing on the sidewalk?! Honestly, we don’t have enough information in this case to know whether the parents didn’t do a good job here. We all take risks being out in public — at 87, she might have been injured getting hit by a shopping cart. Who knows? I’m sickened by our litigious society where we are so eager to assign blame. Accidents happen. That’s why they call them accidents.
Gretchen Powers commented on Nov 01 10 at 2:19 pmI totally agree with goddess. Take the kids to a park. Move to Brooklyn (ha ha). If you’re going to take that risk and let your kids ride bikes on the sidewalks of Manhattan, you damn well better pay attention to them. I don’t think bikes belong on sidewalks, anyway.
paulabernstein commented on Nov 01 10 at 2:23 pmKids ride on the sidewalk in Manhattan (and Brooklyn, for that matter) and they have for generations. There is no evidence that these parents were not paying attention to their kids. You may not think that bikes belong on sidewalks, but they are legal to ride on the sidewalk (as long as you’re under the age of 12 or maybe 13). How are the kids supposed to get their bikes to the park anyway (other than riding them on the sidewalk)? Clearly, you’ve never lived with kids in a city.
Gretchen Powers commented on Nov 01 10 at 2:42 pmI have lived in a few cities, but not with kids, and I wouldn’t, for this reason (among others). Like goddess says, you make your choices and sacrifices. You can’t do everything everywhere. The evidence that these parents were not paying attention to their kids is the fact that one of the kids hit the elderly woman. They were going too far ahead of the moms and too fast. If the moms were close enough and paying attention, they would have been able to stop them in time. These kids were 4, not 8 or 10 (in which case, they should be riding in the street, with helmets). Just because something has been going on for generations doesn’t make it a good idea. I think it is so telling that so many parents are acting like its an outrage the calling to task of these moms (via their children) rather than the outrage that kids this young were so out of their parents’ control they could do this. Entitlement and stupidity. Nice. Make way…me and my glorious offspring are here! Same thing as parents who expect to bring bratty noisy kids to any restaurant and everyone else is supposed to think they’re so wonderful, but on a much more dangerous scale.
goddess commented on Nov 01 10 at 2:47 pmPaula- I’m saying no one should meance pedestrians on sidewalks. I was offered the excuse that Manhattan does not have driveways, yards or parking lots to trian kids. I’m saying it’s all about choices. I am really appalled that so many here take so lightly such a grievous injury to an elderly person. So yes, if you can’t control your little cyclists and keep them from plowing into people- keep them off of the sidewalks on bikes, by all means. If bike-riding is that important, move to where you think you can handle it safely. You’re not entitled to risk someone’s health and limb. And if it were your 14 year old joy-0ridinig in your car hitting anyone an causing injuries you can betcher ya yas you would be held legally and financially responsible for that harm. Why would this be ANY DIFFERENT AT ALL? Child/vehicle/liability to parents.
And I myself, am sickened by the sense of entitlement so many parents think they have when it comes to their children. Makes me ashamed to count myself as one on days like this.
And Paula- they may be legal to ride on sidewalks (for now- til indulgent parents get them banned altogether)- but even now, bikes MUST yield right-o-way to the pedestrians.
Heidi commented on Nov 01 10 at 3:04 pmUltimately, the judge only determined that the case can proceed. Therefore, it now will, presumably, be in the hands of a jury to decide, that is why we have a jury system. It is impossible for any of us to know all the facts from a short, seemingly bias article.
paulabernstein commented on Nov 01 10 at 3:44 pmI don’t think anyone here is making light of this woman’s injuuries. I just don’t think it’s fair to sue a 4-year-old. Sure, sue the parents, but not the 4-year-old.
And, of course, bikes must yield to pedestrians, goddess. I’m not suggesting otherwise!
goddess commented on Nov 01 10 at 4:34 pmI’ve never said I supported the child being sued instead of the parents. Exactly WHAT could you recover monetarily from a child anyway?
michelle commented on Nov 01 10 at 4:37 pmPaula, we’re city people, and yet we still manage to be considerate of others. It may be legal for kids to ride bikes on the sidewalk, but that doesn’t mean it’s OK. We lived in Manhattan and now urban Chicago with kids, and until my kids were fully capable of sharing the sidewalk (i.e. old enough and well trained enough to pay full attention and yield to pedestrians) we WALKED the bikes to the nearest schoolyard or park. Yes, this is possible. You are a city person, so surely you remember about walking! :)
paulabernstein commented on Nov 01 10 at 4:59 pmOf course, one should always be considerate of others. I happen to think you can be considerate while riding your bike on the sidewalk.
Bernice Einsidler commented on Nov 01 10 at 6:43 pmThese parents are oblivious and have a strong sense of entitlement. They believe they own the streets and no one other than themselves and their little narcissitic extensions of themselves have rights. They believe in their permissive stance towards their children but don’t understand that when permissiveness becomes extreme permissiveness it actually has morphed into neglect.
paulabernstein commented on Nov 01 10 at 7:06 pmWhy is there so much anger at parents these days? Sure, there are some parents who have a sense of entitlement. There are some non-parents who have a sense of entitlement too. I am really troubled by the anti-parents and kids sentiment out there.
JEssica commented on Nov 01 10 at 9:03 pmI think this may be more along the lines of negligent children of the woman who fell. At her age she should have been accompanied by a responsible adult. Too many old people fall and break their hips; why, because they fail to acknowledge their own limitations and lazy children that won’t pursue the legal system to gain guardianship of their parents.
Bernice Einsidler commented on Nov 01 10 at 11:31 pmThis issue does not have to to with parents vs. non-parents or old vs. young people. It has to do with safety on the streets. The bicylist could just have easily crashed into and to have seriously injured another young child walking along or into an infant in a stroller.
thefad commented on Nov 02 10 at 7:49 amReading the comments above really highlights how sad our society has become. Nobody has really said what we hope to learn by suing the child and her parents. Will it make parents more responsible with their kids when they go outside? Will it protect the aged when they are out on the streets? Will the money they “win” from the case help the old lady’s family? I don’t think so. When I was a kid, if I injured in myself in accident playing in my school playground, I was treated by the school nurse. These days, if that happens the school can be sued for being negligent and not providing a safe playing ground. All we want to do now is sue for everything(probably be sued for writing this). Again I say what happened was a bad accident and could happen to anyone. Rather than looking for a pound of flesh by suing each other, we can put our heads together to find a constructive way of preventing this from happening in the future.
CommonSensePrevails commented on Nov 02 10 at 9:31 amC’mon people! Are we that far removed from our own youth that we have forgotten the things we did that either hurt someone or caused damage to personal property? I ran into people on my bike, and apologized and things were fine. I broke or damaged things by accident and apologized and things were fine. Sometimes my parents replaced what I had damaged, but more often than not, the other party said “don’t worry about it, accidents happen.” Granted, I never ran into an 87 year old woman, but IMO to try to go after a 4 year old or their parents is just an example of ambulance chasers run amok! I think it’s about time for the losing parties in legal cases to have to pay for the legal fees of the ‘winner’. Perhaps then, people might actually think twice about suing in some of these more asinine situations.
jrmiss86 commented on Nov 02 10 at 1:31 pmIf bikes don’t belong on sidewalks, as several people have said, then where do little kids ride? I am not ready to let my 3 year old ride in the street, even our quiet suburban street. Many cars pay very little attention to the small child riding a bike. And yes, I stay right behind her when she is riding.
thisislife commented on Nov 08 10 at 9:37 pmI get the impression that people who don’t live in nyc are basing their picture of this incident on what they see on Good Morning America, or something. Many residential streets, even in the Upper West Side, are free of pedestrian traffic for much of the day. Maybe a few people walking down them occasionally, but it is very possible that the kids were riding on the sidewalk (and they tend to be VERY wide sidewalks) without people around. Who knows what happened? Maybe the woman was walking in a wobbly manner, maybe the kids weren’t watching where they were going, but accidents happen. Everyone has to die somehow, and I don’t take this woman’s injuries lightly, but suing a 4 year old isn’t going to help anyone. Depending on the actual circumstances of the accident, and the general suit-happy society we live in, I could see an argument for suing the mother. but there’s no way the child had any idea that what she was doing would cause the type of harm it did. Kids riding their bikes crash into people all the time.
I actually asked my almost-4-year-old son what could happen if he wasn’t careful riding his trike on the sidewalk. He said he could bump someone and hurt them. I asked him if there was a young grown-up and an old grown-up and they both got bumped, who would be hurt more? He didn’t know. Kids don’t understand the frailty of age. They can’t identify people who are more at risk. They understand size (that babies are more fragile), but not really age. This suit is ridiculous.
Sheila commented on Nov 15 10 at 11:00 pmWho’s to say that the 87 year old didn’t run into the bicycle? Perhaps supervision of a senior citizen of that age should also be a requirement. A four year old and an 87 year old are pretty equal liabilities on the sidewalk in my opinion! You take your chances! Absolute nonsense for a lawsuit!!!
Cheri.Llewellyn commented on Nov 16 10 at 9:57 pm“Sidewalks are not for Bicycles” ??? SERIOUSLY? Where do you expect them to ride, in the STREET??? Have you ever lived in Manhattan?? Do you realize that ALL the homes are right off the main street??? These are KIDS? What’s next? Suing your unborn child for giving you stretch marks?? To me this sounds like the elderly lady’s children are bitter because her medical bills ate up their inheritance. The judge in this case should have told them to grow up and get a job. Honestly, they were little kids! Had they been teenagers, that would have been something to get upset about.
AnnaMaria Olsen commented on Nov 16 10 at 10:18 pmI have seen a number of comments throwing stones at the parents, and I for one, am appalled. Were you there? Did you see these children ripping up and down the street and targeting that poor woman? Do you think that they deliberately rode her down and then rode off laughing maniacally? If that had been the case, do you think anyone would have known who the children were? Of course not. It sounds more like the kids stopped and helped her. If she was out walking the streets and able to get hurt by little kids on bikes, she was obviously ALONE (children that age and their bikes can’t really go THAT fast), and just as obviously, the kids didn’t leave her that way when she got hurt.
How is allowing your children the right to go play outside being “entitled?” What kind of parent are you that you keep your children locked up in the house all day and night long? And how dare you, who can obviously afford to “make sacrifices” to live in the suburbs, pass judgment on anyone who can’t afford to do the same as you? Not everyone has a good-paying job that can get them a home in a residential area and pay for daycare at the same time. Shame on you for condemning anyone. When you have to live in the city, you play where you can, and the sidewalk in front of your house may very well be the ONLY place that is safe enough to do so. For Heaven’s sake, do you really expect them to keep their children in the house and hooked up to the Television, computer or game console? You offer all kinds of condemnation and not a single suggestion for something better.Yes, the children should have been more careful, but if you read almost any developmental texts, you’ll see that at their age, they are focused on the now, and are almost unable to think ahead for possible consequences. I seriously doubt that this was some deliberate effort on the part of these little kids to hurt anyone. Perhaps they should have been made to offer service to the elderly lady they hurt. Maybe the family should have come help with shopping, cleaning and keeping her company during her convalescence. But to SUE children?? What do they hope to accomplish? If you want to talk about entitlement, look to those who seek to profit unfairly from accident and tragedy.
Gozer commented on Nov 17 10 at 12:08 pmGretchen, I think you are horrible, horrible, spiteful person who must have a lot of anger issues, and I’m willing to bet you are elderly or least on your way there judging from your insensitive remarks. You say how is a 4 YEAR OLD CHILD any different from a 14 year old joyriding in a car and harming someone? 1. A 14 year old has the mental capacity in my mind to understand what they have done. 2. The parent is not liable for damage when its a car anyway, the insurance is and they just raise your premium duh. Look the old lady was in the wrong place at the wrong time, freak accident. Unfortuante as it is you can sue someone all you want but if they don’t have the funds to pay you, then guess what? You ARE NOT getting a dime!
Sarah commented on Mar 12 12 at 2:53 pmSTFU: People who don’t have kids, but spend time obsessing about the bvieahors of parents, and the children who have the audacity to exist in your presence. This article is mean and stupid. Facebook exists to share. We share stuff about our kids so people who love them, but don’t get to see them as much, get to share in their lives. Why don’t you just block these posts, if you have so many friends’ you want them to STFU about their children, and write articles to make fun of their chat transcripts, which they thought they were sharing with people who cared. The response to the woman’s post about her plane trip is just nasty. Who cares if kids annoy you? They have exactly as much right to exist in the world, be on planes, and sing songs as you do. I truly hope the people you are writing about realize you’re using their posts as a source for nasty articles and that they unfriend you. It’s one thing to be annoyed it’s another to write hateful public rants about children.
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