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tipptruck1

4 year old getting sued.

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I saw this on the yahoo main page when I checked my email. I am not sure what to think about this. I read it from top to bottom and still don't know what to think.

http://www.nytimes.com/2010/10/29/nyregion/29young.html?no_interstitial

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The parents would be responsible for any judgement.  You did realize that.....didn't you?

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I'm not sure how to respond to this.  The parents should probably be held responsible for any associated medical costs.  But suing the child?  That seems a little silly.

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There's no legal precedent for kids over 4 (probably because no one would sue a kid), so the suit must proceed.  Seems like they would go for the parents' homeowners/renters insurance, not the kids - kids have no recoverable assets!  I wonder what the estate argues are damages.  It said she died three months later, and I do know that a broken hip is very serious for the elderly.  Sounds like the estate is seeking a scape goat for the blame game, in order to recover more money for her heirs.

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Sue a kid, the new American way.

I agree with you 100% Francho.  Couldn't have said it any better.

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I think the following paragraph from the article explains it very clearly.  Looks like six people were named in the suit.  The boy, the girl, and four parents.

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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The author of this article is taking some liberties with the facts.

In most states (in all from what I understand) a child 4 years of age cannot be liable for damages or injuries because they are deemed to be incapable of negligence. In Virginia, for instance, a child up to age 7 is presumed to be incapable of negligence. From 7-14 they are presumed to be negligence-free, but this can be rebutted. From 15 on, someone can be negligent, thus liable.

In the cited case, the suit isn't proceeding against the 4 year old for negligence. It's proceeding against the parents for "negligent supervision." A parent can be liable for the damages their very young children cause if the damage is caused due to a lack of supervision by the parents.

The author of this article knows that but wrote it in such a way as to elicit disgust from readers. It worked.  Creative reporting at its finest.

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