4-Year-Old Can Be Sued For Riding Bike on Sidewalk

Bill Shatto's Flickr

In April 2009, Juliet Breitman and Jacob Kohn, who were both 4 years old, were riding the bikes, equipped with training wheels, down the sidewalk on East 52nd Street. Their mothers were with them, but they didn't stop Juliet from knocking over 87-year-old Claire Menagh, who suffered a fractured hip and died after surgery three weeks later. A hell of a way to go, but there may be justice (for Menagh's estate) yet: This week a judge ruled that her estate could sue Juliet, who is now six and might want to think about opening an upscale lemonade stand.

Juliet's lawyer claims she was too young to be held liable for negligence and 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," her attorney argues. "Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence." But Judge Paul Wooten ruled that the case could proceed, because Juliet was three months shy of turning 5. "While the defense unconvincingly seeks to compare this almost five-year-old defendant to a child between the ages of three and four, the Court of Appeals has explained that for an almost five-year-old child, there is no bright line test," Wooten ruled.

And Juliet doesn't get off the hook just because Mommy was there. "A parent's presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across the street. A reasonably prudent child, whom we may presume has been told repeatedly by the age of four to look both ways before crossing a street, knows that running across a street is dangerous even if there is a parent nearby." And furthermore! The defense failed to prove any "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."

So consider yourself on notice, kids. Couldn't hurt to invest some of that birthday money into a legal defense fund. And with the city's crackdown on scofflaw cyclists in full swing, it couldn't hurt to set a couple hundred bucks aside to cover summonses, too.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in News on October 29, 2010 9:45 AM

Comments [rss]

Jacqueline

"Their mothers were with them, but they didn't stop Juliet from knocking over 87-year-old Claire Menagh, who suffered a fractured hip and died after surgery three weeks later"

This statement is incorrect. The NYT states in their article that they incorrectly reported that she had died three weeks later, she in fact died three months later and her death was due to unrelated causes. Did no one read this part of the New York Times article?

"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 of unrelated causes."

heartprivacy

So a 4 year old is capable of being sued, but watch how fast it would get tossed out if a 4 year old tried to file a lawsuit herself.

And don't even think about her trying to, say, sign a contract, give consent for medical treatment, obtain a drivers license, vote, or drink a beer.

This is so incredibly ridiculous, I can't believe anybody is actually agreeing with it.

Joseph

It is ridiculous. Just because the child is "3 months shy" of being 5. I'm 3 months shy of being 18, can I get married? Why not? I'm practically 18. I'm sure the same point is being used.

crazyjoedavola

I dont get it. are the parents being sued or the child? what kind of assests does a five year old have that would be worth suing for? pokemon cards?

Anakela

It's so the child can be sued along with the parents.

Point raised on another website talking about this: it's a way for the lawyers to be able to go after funds that a parent might try to hide in a child's name, if the parents only were sued. Now I'm wondering if that's the idea behind this whole thing.

Stephen

Not to be all "Kevorkian" about this, but the woman was 87. How can it be proven that this bicycle incident had anything to do with her death. Isn't it possible that she was 87 and just not meant to live much longer? I guess "that is for the courts to decide" right?

On the bright side, a new SAT analogy: Texas is to the electric chair as New York City is to...?

thefacts

It is pretty well established medically that a broken hip is tantamount to a death sentence for older people, and debilitating for even young folk.

There is a clear causality between a broken hip and near-term death.

Beaver Newby

I disagree also about Hip fractures being a death sentence. I know lots of senior and young people who have lived through much worst accidents. I know people who have died from much less. "Life and death is in the power of the tongue".

The accident although tragic, may be just that.

I would hope that people would learn to settle their disputes with out the court systems being involved.

I hope the lawsuit is not just about winning an award or settlement.

Manitoba

Not true. Two of my grandparents broke their hips in their 80s (one of them twice!) and lived for another 12 and 15 years, respectively.

dadoc

From the cases I've dealt with, from the ME perspective the concept is this: If an injury sustained either through accident, intent or "misadventure' creates a condition that ultimately leads to the death of the injured, the death is linked to the injury. If the lady broke a hip, and suffered a blood clot or pneumonia that killed her, the death was brought about by the consequnces of the injury. Don't know if the old "year and a day" thing is still in play.

lizzie d

Hahha! Truly! It is not like she was a spring chicken.. how are the doctor's to prove she died because of this injury. Seems to me she died from being old. If anything, the punk ass kid on the bike was some incarnation of Charles Darwin. Survival of the fittest, grandma! Ring, ring

thefacts

"Hahha! ...Survival of the fittest, grandma!"

Does that hateful remark apply to your mother, your grandmother? To your children? To you?

lizzie d

Hahah! Wow! Someone doesn't have a sense of humor.

Lighten up, grandpa

thefacts

Grow up, little girl. This is a site for adults. Your sophomoric humor is just that.

Manitoba

Not true. This site is for people who take themselves too seriously or think people care about what they say or statistic they make up (e.g., you) and for those who are bored or taking a break from work (e.g., everyone else).

Coca-Cola

Woww dude! Where's your sense of humor? Did your MOTHER have a sense of humor? Your GRANDMOTHER? Your CHILDREN? hahaha you don't gotta go on preaching to everyone!

Calm down and learn how to take a joke.

Neverhaditsogood

Now didn't we all learn in vacation bible school how innocent and naive and appropriate all child behavior is and how children can do no wrong especially when a parent is supervising them? Why the combination is endowed by god itself with such touching blamelessness.

JenChungsBaby

But if she had been hit a car and 2 tons of screaming metal it would have been worse! She might have been....uh......never mind.

ottoemezzo

Kids? Worst bike-on-sidewalk offenders: the food delivery guys!

Clarice City

So we can all get drunk and run someone over with a car and that's okay, but a supervised four year old on a tricycle runs into an elderly perdestrian and gets sued?