Youngest person to be sued
30-Oct-10
It was reported by the BBC on 30th October 2010 that in April 2009, Julie Breitman and another kid, both aged 4, raced their kiddie-size bicycles on the pavement in Manhattan, New York, USA. They were in the company of their mothers.
They then knocked into a pedestrian, Claire Menagh, 87, causing her to have surgery for her fractured hip, and ultimately died 3 months later.
Whoa, they must’ve been traveling so dangerously that it resulted in an almighty collision.
Ms Menagh, and after she died, her son, sued the children for being “negligent in their operation and control of their bicycles”. The mothers were also sued.
As expected, the defendant’s lawyer argued that Juliet was much too young to be held responsible.
However, New York Supreme Court Judge Paul Wooten ruled that she was “old enough to be held negligent under law.” He noted that “while the law presumes children under age 4 are incapable of negligence, for infants above the age of four, there is no bright line rule.” He also ruled that “Juliet’s lawyer had presented no evidence Juliet lacked 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.” He then cited a few cases of young kids who’d been involved in accidents.
At the time of the incident Julie was 4 years and 9 months old.
Now I wonder what would’ve happened if the kids happened to bang into a young, strong man, ultimately causing their deaths? Would that mean the young man cannot be held responsible for their deaths because the kids were negligent? My first thought was: that make for an interesting debate on child safety.
Do you know of any younger person to ever get sued in a court of law?
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