It's not so bad... the kid can declare bankruptcy and maybe she'll have to sell the bike, but it's off her credit rating by the time she's old enough to buy a car.hadespussercats wrote:Except I think the kids might have to pay in gum.maiforpeace wrote:Since when has law been based on logic?
There must have been a precedent for the judge to base this ruling on. I'd be interested in hearing about any prior case where a child four years and older was found to be negligent. Apparently the controversy is over the cut off age of four, which I would expect would be based on a prior case.
The judge is letting the case proceed because these particular children were over the age of four, and closer to five years old.
If they can sue more than just the parents for negligence, they probably can get more money - which is what this is about, isn't it?
Four-yr-old sued in NY
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Robert_S
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Re: Four-yr-old sued in NY
What I've found with a few discussions I've had lately is this self-satisfaction that people express with their proffessed open mindedness. In realty it ammounts to wilful ignorance and intellectual cowardice as they are choosing to not form any sort of opinion on a particular topic. Basically "I don't know and I'm not going to look at any evidence because I'm quite happy on this fence."
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FBM
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Re: Four-yr-old sued in NY
beige wrote:Unable to prove that a 4 year old lacked maturity? Either a very crappy lawyer or a really stupid judge.FBM wrote: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.
Nor is there a very bright judge, IMO. Where has our common sense gone? There's just not that much more maturity in a 4-yrs-and-9-months-old than in a 4-yr-old.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.
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mistermack
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Re: Four-yr-old sued in NY
Sounds to me like the child's lawyer was negligent, and didn't offer any argument. The judge just decided on what was put in front of him.FBM wrote:Nor is there a very bright judge, IMO. Where has our common sense gone? There's just not that much more maturity in a 4-yrs-and-9-months-old than in a 4-yr-old.
They should allow them to sue, and when they lose, award 100% costs against the ones who are sueing.
I suppose the kids must have substantial assets, or insurance, otherwise what would be the point?
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hadespussercats
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Re: Four-yr-old sued in NY
Maybe they really liked their bikes. Despite the bad associations and all...mistermack wrote:Sounds to me like the child's lawyer was negligent, and didn't offer any argument. The judge just decided on what was put in front of him.FBM wrote:Nor is there a very bright judge, IMO. Where has our common sense gone? There's just not that much more maturity in a 4-yrs-and-9-months-old than in a 4-yr-old.
They should allow them to sue, and when they lose, award 100% costs against the ones who are sueing.
I suppose the kids must have substantial assets, or insurance, otherwise what would be the point?
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