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The maddest news story I think I've ever heard


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f***ing negligence?

 

A New York child can be sued for crashing a bicycle into an elderly pedestrian and causing injuries that led to her death, a judge has ruled.

 

Juliet Breitman and another child were four years old when they raced their small bicycles on a Manhattan street and ran into Claire Menagh, 87.

 

Juliet's lawyer had argued Juliet was too young to be held negligent.

 

The judge disagreed, ruling Juliet's lawyer had presented no evidence she lacked intelligence or maturity.

 

According to court filings, in April 2009, Juliet Breitman and Jacob Kohn were accompanied by their mothers, Dana Breitman and Rachel Kohn, as they raced their bicycles along the pavement near the East River in New York's Manhattan borough.

'No bright line'

 

The children struck Ms Menagh, knocking her to the ground. She underwent surgery for a fractured hip and died three months later.

 

Ms Menagh - and later her son, acting as executor of her estate - sued the children, arguing they were "negligent in their operation and control of their bicycles". The estate also sued Dana Breitman and Rachel Kohn, saying they had consented to the race.

 

Juliet's lawyer sought to have the case dismissed, filing with the court a copy of Juliet's birth certificate showing she was four years and nine months old at the time of the accident.

 

Citing several cases involving young children who had been in accidents, New York Supreme Court Judge Paul Wooten ruled that Juliet, now six years old, could be sued.

 

While he noted that the law presumes children under age four are incapable of negligence, "for infants above the age of four, there is no bright line rule", he wrote in the decision.

 

He also wrote that the Juliet's lawyer had presented no evidence as to the child's lack of intelligence or maturity, nor that "a child of similar age and capacity" would not have understood the danger of riding a bicycle into an old woman.

Edited by Macca
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The parents were responsible.

 

I don't see an issue at all.

Possibly, depending on the objective circumstances in detail, which we don't have here - point is, it's stupid and an accident, maybe avoidable, maybe not. Nevertheless, the idea that a 4 year old can be sued for anything, let alone negligence is so f*cking stupid it's untenable - that an idiot dressed as a judge could then dignify such proceedings is obscene. I Thought New York was better than this - this is the kind of sh*t you get in Texas.

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Possibly, depending on the objective circumstances in detail, which we don't have here - point is, it's stupid and an accident, maybe avoidable, maybe not. Nevertheless, the idea that a 4 year old can be sued for anything, let alone negligence is so f*cking stupid it's untenable - that an idiot dressed as a judge could then dignify such proceedings is obscene. I Thought New York was better than this - this is the kind of sh*t you get in Texas.

 

It's just the mechanism of the law. The parents have liability insurance I'm sure.

 

The parents should not have let their kids hammer it down a tight sidewalk in Manhattan. I'll bet they were yapping on about how thery didn't have their nannies there to look after the kids.

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It's just the mechanism of the law. The parents have liability insurance I'm sure.

 

The parents should not have let their kids hammer it down a tight sidewalk in Manhattan. I'll bet they were yapping on about how thery didn't have their nannies there to look after the kids.

 

I think this gets overlooked a bit when we talk about litigious Americans. at the end of the day, doesn't it come down to the fact that there's no NHS, so you try to blame someone else rather than use your own health insurance?

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I think this gets overlooked a bit when we talk about litigious Americans. at the end of the day, doesn't it come down to the fact that there's no NHS, so you try to blame someone else rather than use your own health insurance?

 

All of those insurance cases end up getting subrogated so you end up not getting invovled too much.

 

In this case the woman's estate is going after the kids but in reality they are going after the parents wealth.

 

Accidents do happen, but in some there is culpability and that is why you have to have liability insurance. If was a true accident, then nobody collects. But if the court determines there is a liability then you have to pay. For example, my greatest fears are kids getting onto my rpoperty and drowning in the pool, or my kids bringing their friends over and getting drunk and getting hurt. I've helped mitigate that risk by fencing off the pool and making sure that the kids don't bring in booze. A friend of mine didn't do that, a fight erupted, and a kid got killed in front of their house. The lawsuit was huge.

 

It sucks, but it is what it is. If it was my Grandmother who got hit and killed by kids I'd go after their parents in a second.

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If the kid is to blame - and if she has the intelligence & maturity the judge claims she has then it soulnd like he believes she is to blame - then she should be held accountable and be made to pay the consequences.

 

Obviously it's all mad but the judge can't then say "yep, she's responsible - take the parents money". They should be awarded some of the child's possessions like a Barbie doll and lollipop. And have to explain to her why they're taking them.

 

Me? I'd happily jail the suers for being a set of money-grabbing loons and have their kids taken off them.

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and it was also a little bit sad that a kid died, wasn't it?

 

I'm a parent too now so I understand.

 

Too right. He was a great kid too. Minding his own business and got punched out cold. Fell backwards and smashed his head on the curb. Died on the spot.

 

Doesn't bear thinking about does it? 16 years old...

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Too right. He was a great kid too. Minding his own business and got punched out cold. Fell backwards and smashed his head on the curb. Died on the spot.

 

Doesn't bear thinking about does it? 16 years old...

 

You'd expect the guilty party to go on trial and serve some kind of jail punishment. What's the lawsuit for?

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It sucks, but it is what it is. If it was my Grandmother who got hit and killed by kids I'd go after their parents in a second.

That's really sad. It's negligent parents, it's careless kids, it's an accident, what the f*** has it got to do with sueing anyone?

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That's really sad. It's negligent parents, it's careless kids, it's an accident, what the f*** has it got to do with sueing anyone?

 

Well known fact that ever since Jesus waved a £2,000,000 note outside Lazarus' cave that money will resurrect the dead, cure cancer and make you so happy you can't stop smiling.

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