Thread: Watch your 4 year olds, they can be sued for riding a bike with training wheels:

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  1. #1 Watch your 4 year olds, they can be sued for riding a bike with training wheels: 
    Senior Member PSP Elite Hacker goku2778's Avatar
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    this isn't a joke but i think it really should be:

    Citing cases dating back as far as 1928, a judge has ruled that a young girl accused of running down an elderly woman while racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence.
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    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.

    The suit that Justice Wooten allowed to proceed claims that in April 2009, Juliet Breitman and Jacob Kohn, who were both 4, were racing their bicycles, under the supervision of their mothers, Dana Breitman and Rachel Kohn, on the sidewalk of a building on East 52nd Street. At some point in the race, they struck an 87-year-old woman named Claire Menagh, who was walking in front of the building and, according to the complaint, was “seriously and severely injured,” suffering a hip fracture that required surgery. She died three months later.

    Her estate sued the children and their mothers, claiming they had acted negligently during the accident. In a response, Juliet’s lawyer, James P. Tyrie, 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.

    In legal papers, Mr. Tyrie added, “Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence.” (Rachel and Jacob Kohn did not seek to dismiss the case against them.)

    But Justice Wooten declined to stretch that rule to children over 4. On Oct. 1, he rejected a motion to dismiss the case because of Juliet’s age, noting that she was three months shy of turning 5 when Ms. Menagh was struck, and thus old enough to be sued.

    Mr. Tyrie “correctly notes that infants under the age of 4 are conclusively presumed incapable of negligence,” Justice Wooten wrote in his decision, referring to the 1928 case. “Juliet Breitman, however, was over the age of 4 at the time of the subject incident. For infants above the age of 4, there is no bright-line rule.”

    The New York Law Journal reported the decision on Thursday.

    Mr. Tyrie had also argued that Juliet should not be held liable because her mother was present; Justice Wooten disagreed.

    “A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street,” the judge wrote. He added that any “reasonably prudent child,” who presumably has been told to look both ways before crossing a street, should know that dashing out without looking is dangerous, with or without a parent there. The crucial factor is whether the parent encourages the risky behavior; if so, the child should not be held accountable.

    In Ms. Menagh’s case, however, there was nothing to indicate that Juliet’s mother “had any active role in the alleged incident, only that the mother was ‘supervising,’ a term that is too vague to hold meaning here,” he wrote. He concluded that there was no evidence of Juliet’s “lack of intelligence or maturity” or anything to “indicate that another child of similar age and capacity under the circumstances could not have reasonably appreciated the danger of riding a bicycle into an elderly woman.”

    Mr. Tyrie, Dana Breitman and Rachel Kohn did not respond to messages seeking comment.

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  2. #2  
    Knights of War PSP Elite Hacker KoW210's Avatar
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    What.. a.. fucking.. joke......
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  3. #3  
    Spambuster Bitch PSP Elite Hacker dankgame's Avatar
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    wow just wow
    new members and old read thisvvvvvvvv
    http://www.pspmod.com/forums/introdu...uncements.html
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  4. #4  
    Dan the man 10257 I Modded My PSP Danny10257's Avatar
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    hahahaha i read this yesterday.... i didn't finish the article, but i still found it kinda funny.
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  5. #5  
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    man kick that judge ass if it was my child wow wow wow wow
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  6. #6  
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    Lol wowwwwww
    what a stupid judge..
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  7. #7  
    Senior Member I Modded My PSP One Free Man's Avatar
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    I'd have to say that if the parents had seen the old lady and hadn't stopped their kids they could definitely be liable, but the kids are WAY too young to know wtf is going on.

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  8. #8  
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    im gonna sue mcdonalds for making me fat....plus a 2 year old eating fries dis shit is crazy man...
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  9. #9  
    Hookah Hog PSP Elite Hacker Sennin's Avatar
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    Quote Originally Posted by BIG.MAN View Post
    im gonna sue mcdonalds for making me fat....plus a 2 year old eating fries dis shit is crazy man...
    Suing McDonald's led to why we don't have the SuperSize fry anymore. If you think likewise, look it up yourself. We will never have the SuperSize fry anymore because a whorrendous bovine decided to mess up something good.
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