New York child sued for woman's death after bike crash - Only in America

[caveman_nige]

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.



Source:

http://www.bbc.co.uk/news/world-us-canada-11657376

[Meat-Head]

So no sweets for that kid til she is 16 then

[dctyper]

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.



Source:

http://www.bbc.co.uk/news/world-us-canada-11657376

i beg to differ, surely th old woman is responsible enough to move out the bloody way!!!!!

poor kids

[Canker_Canison]

Do any kids from todays ~~~~ed up society know the difference between right & wrong, or understand simple rules like "don't ride your bike on the path"?

But to hold a 4 year old responsible for an accident is mental.

[garry1312]

Do any kids from todays ~~~~ed up society know the difference between right & wrong, or understand simple rules like "don't ride your bike on the path"?

But to hold a 4 year old responsible for an accident is mental.

sorry but here in the UK it would be crazy to suggest a child not to ride there bike on the path. what do you expect them to ride there bikes along the road?

sorry but once again the americans suing over anything.

[garry1312]

and especially in manhatten

[Canker_Canison]

sorry but here in the UK it would be crazy to suggest a child not to ride there bike on the path. what do you expect them to ride there bikes along the road?

sorry but once again the americans suing over anything.

Guess it depends on what sort of area you live in. Where I grew up it was just as safe on the road as on the path. Still is.
I suppose inner cities could be a different story, but then isn't that what parks are for?

[zaphodbb]

if 4 year old children are deemed responsible and clever enough to understand that riding their bikes could cause the death of an old lady, then surely they would be able to hold down a full time job lets say as a judge in the usa. because i think they would be more than qualified for the job. so these two young girls are going to grow up being blamed for a death, well done another couple of kids that will need therapy for the rest of their lives.

i think in this case the law is an ass or asshole to be exact!!

[janobi]

Just another example of a litigacious American society. The US judicial system is messed up and this is aanother example of it. What does the son expect to gain from a 4yr old? Couple of lies and a bag of sherbet? Complete madness.


Sent from my iPhone using Tapatalk

[firemouth]

Do any kids from todays ~~~~ed up society know the difference between right & wrong, or understand simple rules like "don't ride your bike on the path"?

But to hold a 4 year old responsible for an accident is mental.

its not only legal, but recommended, for kids under 14 use the pavement. in the UK.

[hugjam]

is it a case of lack of parential control or lack of bike control ?.had the two children ended up on the road and colliding with a car would the motorist be held responsible or what?.