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Thread: Can a 6 year old be sued?

  1. #1
    Retired Sky Blocks Champion, Block Distraction Champion, Lock n Roll Champion, Flags Medium Champion, Flags Difficult Champion, Crazy Cube Champion Seraphima's Avatar
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    Can a 6 year old be sued?

    A New York judge sure thinks so.

    A girl can be sued over accusations she ran over an elderly woman with her training bicycle when she was 4 years old, a New York Supreme Court justice has ruled.

    The ruling by Kings County Supreme Court Justice Paul Wooten stems from an incident in April 2009 when Juliet Breitman and Jacob Kohn, both aged four, struck an 87-year-old pedestrian, Claire Menagh, with their training bikes.

    Ms. Menagh underwent surgery for a fractured hip and died three months later.
    6-year-old can be sued, says New York judge - The Globe and Mail


    Thoughts?

  2. #2
    Senior Member justonemorevoice's Avatar
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    thats the dumbest thing ive heard all month.

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    ConspiratusUbiquitus Hollyw00d's Avatar
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    Quote Originally Posted by Seraphima View Post
    A New York judge sure thinks so.



    6-year-old can be sued, says New York judge - The Globe and Mail


    Thoughts?
    Sued for what? A 6 year old doesn't have any money.

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    The decision also will allow for the lawsuit to proceed against the Kohn family for the incident.
    Parents can be sued for the actions of their child(ren). The article didn't say if the woman died because of complications from the surgery three months earlier or from something else, like old age.

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    Quote Originally Posted by ShawneeMoon View Post
    Parents can be sued for the actions of their child(ren).
    Since when?

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    Conservatively Liberal NiteGuy's Avatar
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    Quote Originally Posted by chuck_schmidt View Post
    Since when?
    Since just about forever. Lots of parents are sued every year for the monetary consequences of their minor children. Damages caused in vandalism cases, reimbursement of medical bills in the cases of accidents, assaults, etc. Monetary damages in wrongful death cases, where a minor child was at fault.

    Usually, these cases take place in families with older children however - ten or twelve years of age and up, where the kids should have the experience and parental education to be able to understand the potential consequences of their actions.

    Unfortunately, the law as written where this took place, says that children down to the age of five (and consequently, their parents) can be held legally liable for their actions. I happen to think that prosecuting and/or suing a five year old for this kind of thing is ridiculous. Then again, I didn't write the law.

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    Quote Originally Posted by ShawneeMoon View Post
    Parents can be sued for the actions of their child(ren). The article didn't say if the woman died because of complications from the surgery three months earlier or from something else, like old age.
    The NYT article on this says the woman died from causes unrelated to the accident. They aren't suing for wrongful death but for bodily injury, which there was.

    They can't sue the parent because she was there and was watching the kid, which means the mother wasn't negligent. The parent hadn't taught the girl to disregard safety rules, so the legal responsibility shifts to the minor. They are suing the child because, in the words of the judge "a reasonably prudent child" would have taken more precautions. As the father of a five-year-old, I find it hysterically ironic that any judge could write about a 'reasonable expectation of prudence' from a 4-year-old.

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    Quote Originally Posted by NiteGuy View Post
    Since just about forever. Lots of parents are sued every year for the monetary consequences of their minor children. Damages caused in vandalism cases, reimbursement of medical bills in the cases of accidents, assaults, etc. Monetary damages in wrongful death cases, where a minor child was at fault.

    Usually, these cases take place in families with older children however - ten or twelve years of age and up, where the kids should have the experience and parental education to be able to understand the potential consequences of their actions.

    Unfortunately, the law as written where this took place, says that children down to the age of five (and consequently, their parents) can be held legally liable for their actions. I happen to think that prosecuting and/or suing a five year old for this kind of thing is ridiculous. Then again, I didn't write the law.
    Not where I live.

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    Quote Originally Posted by Rassales View Post
    The NYT article on this says the woman died from causes unrelated to the accident. They aren't suing for wrongful death but for bodily injury, which there was.

    They can't sue the parent because she was there and was watching the kid, which means the mother wasn't negligent. The parent hadn't taught the girl to disregard safety rules, so the legal responsibility shifts to the minor. They are suing the child because, in the words of the judge "a reasonably prudent child" would have taken more precautions. As the father of a five-year-old, I find it hysterically ironic that any judge could write about a 'reasonable expectation of prudence' from a 4-year-old.
    A NAMBLA judge working at lowering the age of consent?

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    This is stupid.

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