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A 4 year old is being sued for negligence

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    shrykeshryke Member of the Beast Registered User regular
    edited November 2010
    BubbaT wrote: »
    BubbaT wrote: »
    Did the old lady jump out into the bike lane in front of the kid? Because sidewalks are for walking. They aren't freeways for cyclists.

    In New York children are allowed to ride bikes on sidewalks.

    Multiple suits against the city for negligence should remedy that.

    How do you post in a thread about negligence while recommending 4 year olds ride their bikes in the street without your brain hemorrhaging?

    shryke on
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    JuliusJulius Captain of Serenity on my shipRegistered User regular
    edited November 2010
    KalTorak wrote: »
    Couscous wrote: »
    If the judge had ruled the opposite way, granted a motion to dismiss, it would have been saying "Under no circumstances can a four-year-old ever be cognitive enough to recognize consequences of their actions."
    # Does not understand ethical behavior or moral standards especially when doing things that have not been given rules
    This is for age six. A four year old child would have to be insanely precocious to actually understand right/wrong. The age of reason isn't even until seven or eight.


    Ethical behavior and moral standards are more sophisticated than knowing that someone gets hurt when you run your bike into them.

    I don't think you understand exactly what that sentence means. A six year old doesn't understand why hurting people is bad. They simply do not know right from wrong except from trial and error (and being told). And they can't really reason from the specific to the general.

    Julius on
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    durandal4532durandal4532 Registered User regular
    edited November 2010
    KalTorak wrote: »
    Couscous wrote: »
    what we can expect a four year old can understand
    http://en.wikipedia.org/wiki/Child_development_stages
    Not a whole lot.

    From that article:
    However, it is important to understand that there is wide variation in terms of what is considered "normal," driven by a wide variety of genetic, cognitive, physical, family, cultural, nutritional, educational, and environmental factors. Many children will reach some or most of these milestones at different times from the norm.

    Different kids develop at different rates. While it might not fit the big part of the bell curve, it's possible that an individual four-year-old would be cognitive enough to recognize potential consequences of their actions.

    If the judge had ruled the opposite way, granted a motion to dismiss, it would have been saying "Under no circumstances can a four-year-old ever be cognitive enough to recognize potential consequences of their actions."

    I would seriously have no problem with that.

    durandal4532 on
    Take a moment to donate what you can to Critical Resistance and Black Lives Matter.
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    KalTorakKalTorak One way or another, they all end up in the Undercity.Registered User regular
    edited November 2010
    Julius wrote: »
    KalTorak wrote: »
    Couscous wrote: »
    If the judge had ruled the opposite way, granted a motion to dismiss, it would have been saying "Under no circumstances can a four-year-old ever be cognitive enough to recognize consequences of their actions."
    # Does not understand ethical behavior or moral standards especially when doing things that have not been given rules
    This is for age six. A four year old child would have to be insanely precocious to actually understand right/wrong. The age of reason isn't even until seven or eight.


    Ethical behavior and moral standards are more sophisticated than knowing that someone gets hurt when you run your bike into them.

    I don't think you understand exactly what that sentence means. A six year old doesn't understand why hurting people is bad. They simply do not know right from wrong except from trial and error (and being told). And they can't really reason from the specific to the general.
    If the law is inaccurate, it'll get brought up in appeal if it gets that far - I seriously doubt it will. Or the state legislature can update it.

    KalTorak on
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    enc0reenc0re Registered User regular
    edited November 2010
    If a 4-year old accidentally broke my hip, I'd probably expect the parents to pay up. I don't know whether I'd sue the kid, but it isn't outside the realm of what I'd consider.

    The estate suing makes it weird. How much cash is on the line?

    enc0re on
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    JuliusJulius Captain of Serenity on my shipRegistered User regular
    edited November 2010
    KalTorak wrote: »
    Julius wrote: »
    KalTorak wrote: »
    Couscous wrote: »
    If the judge had ruled the opposite way, granted a motion to dismiss, it would have been saying "Under no circumstances can a four-year-old ever be cognitive enough to recognize consequences of their actions."
    # Does not understand ethical behavior or moral standards especially when doing things that have not been given rules
    This is for age six. A four year old child would have to be insanely precocious to actually understand right/wrong. The age of reason isn't even until seven or eight.


    Ethical behavior and moral standards are more sophisticated than knowing that someone gets hurt when you run your bike into them.

    I don't think you understand exactly what that sentence means. A six year old doesn't understand why hurting people is bad. They simply do not know right from wrong except from trial and error (and being told). And they can't really reason from the specific to the general.
    If the law is inaccurate, it'll get brought up in appeal if it gets that far - I seriously doubt it will. Or the state legislature can update it.

    Perhaps, but you're being pretty optimistic. I don't doubt that the law will eventually change, but it's not like we're talking about supernew science. We've known for some time know that children under age 8 are basically incapable of committing crimes.

    Julius on
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    KalTorakKalTorak One way or another, they all end up in the Undercity.Registered User regular
    edited November 2010
    Often an estate is obligated to pursue every possible asset to pay off debts the dead person had. If the woman didn't have medical insurance then they'd be required to follow the suit up to try and pay the bills.

    KalTorak on
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    KalTorakKalTorak One way or another, they all end up in the Undercity.Registered User regular
    edited November 2010
    Julius wrote: »
    KalTorak wrote: »
    Julius wrote: »
    KalTorak wrote: »
    Couscous wrote: »
    If the judge had ruled the opposite way, granted a motion to dismiss, it would have been saying "Under no circumstances can a four-year-old ever be cognitive enough to recognize consequences of their actions."
    # Does not understand ethical behavior or moral standards especially when doing things that have not been given rules
    This is for age six. A four year old child would have to be insanely precocious to actually understand right/wrong. The age of reason isn't even until seven or eight.


    Ethical behavior and moral standards are more sophisticated than knowing that someone gets hurt when you run your bike into them.

    I don't think you understand exactly what that sentence means. A six year old doesn't understand why hurting people is bad. They simply do not know right from wrong except from trial and error (and being told). And they can't really reason from the specific to the general.
    If the law is inaccurate, it'll get brought up in appeal if it gets that far - I seriously doubt it will. Or the state legislature can update it.

    Perhaps, but you're being pretty optimistic. I don't doubt that the law will eventually change, but it's not like we're talking about supernew science. We've known for some time know that children under age 8 are basically incapable of committing crimes.
    I'm not sure what the alternatives are - if this was California I'm sure you could get a referendum passed, they love that.

    KalTorak on
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    DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited November 2010
    Fencingsax wrote: »
    Deebaser wrote: »
    Pony wrote: »
    pretty sure an American is the originator of the phrase "shit happens" and yet

    Latin nerd alert!

    The likely reason that the phrase "shit happens" originiated in America, or at least in English is because it is a play on a rough translation of the latin translation of the word "accident" which is "it happens" (probably not exactly, but I'm not about to bust out the conjugations for accidere.)

    Declensions are for nouns.

    touché

    Deebaser on
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    CouscousCouscous Registered User regular
    edited November 2010
    Ethical behavior and moral standards are more sophisticated than knowing that someone gets hurt when you run your bike into them.
    Knowing that wouldn't matter unless the child knew it was wrong. If the purpose is to discourage people from doing it, punishing the child for something it doesn't know is wrong nor knows will cause it to be disciplined will do jack. If the purpose is to encourage parents to be more careful, that would be a reason for negligence on the part of the parents.

    Couscous on
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    DeShadowCDeShadowC Registered User regular
    edited November 2010
    Couscous wrote: »
    Ethical behavior and moral standards are more sophisticated than knowing that someone gets hurt when you run your bike into them.
    Knowing that wouldn't matter unless the child knew it was wrong. If the purpose is to discourage people from doing it, punishing the child for something it doesn't know is wrong nor knows will cause it to be disciplined will do jack. If the purpose is to encourage parents to be more careful, that would be a reason for negligence on the part of the parents.

    What if the law is written where you have to sue the child for the parents to be held accountable?

    DeShadowC on
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    durandal4532durandal4532 Registered User regular
    edited November 2010
    Couscous wrote: »
    Ethical behavior and moral standards are more sophisticated than knowing that someone gets hurt when you run your bike into them.
    Knowing that wouldn't matter unless the child knew it was wrong. If the purpose is to discourage people from doing it, punishing the child for something it doesn't know is wrong nor knows will cause it to be disciplined will do jack. If the purpose is to encourage parents to be more careful, that would be a reason for negligence on the part of the parents.

    That is what confuses me about the case. What kind of roundabout way of suing people for negligence is this?

    It's not like they're actually hoping to collect assets from the kid.

    durandal4532 on
    Take a moment to donate what you can to Critical Resistance and Black Lives Matter.
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    FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    edited November 2010
    Couscous wrote: »
    Ethical behavior and moral standards are more sophisticated than knowing that someone gets hurt when you run your bike into them.
    Knowing that wouldn't matter unless the child knew it was wrong. If the purpose is to discourage people from doing it, punishing the child for something it doesn't know is wrong nor knows will cause it to be disciplined will do jack. If the purpose is to encourage parents to be more careful, that would be a reason for negligence on the part of the parents.

    That is what confuses me about the case. What kind of roundabout way of suing people for negligence is this?

    It's not like they're actually hoping to collect assets from the kid.

    Welcome to the wonderful world of insurance!

    Fencingsax on
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    mythagomythago Registered User regular
    edited November 2010
    CasedOut wrote: »

    Do you think this is litigation gone wild? What do you think should happen to the girl? How should the situation have been resolved?

    I think that it would be nice if people understood what's going on in this case before getting all OMG SUING A LITTEL CHILD11!!!!

    Longer legal explanation here. Also, a reminder that "crimes" and "torts" are separate things.

    I am also having a good laugh at Yar's belief that insurance companies just roll over and pay 'the max' at the merest hint of a lawsuit. I wish! My job would be a lot easier.

    mythago on
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    KistraKistra Registered User regular
    edited November 2010
    I am too lazy to sign up for a free account to read the article again, but the last few pages of this thread are really confusing me. Am I completely misremembering the part of the article where both kids and both sets of parents are in fact being sued and the judge threw out the case against one of the kids but not the other? And both kids were four but one was barely four and the other was almost five?

    That doesn't seem like much of a bright line to me. But maybe I am just completely mis-remembering the article.

    Kistra on
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    AutomaticzenAutomaticzen Registered User regular
    edited November 2010
    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.
    (Rachel and Jacob Kohn [the other child] did not seek to dismiss the case against them.)
    Something is quite odd here.

    And again, this will not ruin her life:
    The lawsuit won’t be about taking away the kid’s future Tooth Fairy money or training wheels, it will be about the homeowners’ insurance policy and the extent to which it covers the mother who was watching the child and/or the child.

    Automaticzen on
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    DisrupterDisrupter Registered User regular
    edited November 2010
    I have to admit, first I thought this was insane.

    But at the same time. If someone costs me medical bills, they should have to pay for them, not me. So, if that person is 4, then better crack open the piggy bank.

    Disrupter on
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    KalTorakKalTorak One way or another, they all end up in the Undercity.Registered User regular
    edited November 2010
    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.
    (Rachel and Jacob Kohn [the other child] did not seek to dismiss the case against them.)
    Something is quite odd here.

    Think it's just that the other defendants didn't file motions to dismiss for whatever reason.

    KalTorak on
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    ZombiemamboZombiemambo Registered User regular
    edited November 2010
    Disrupter wrote: »
    I have to admit, first I thought this was insane.

    But at the same time. If someone costs me medical bills, they should have to pay for them, not me. So, if that person is 4, then better crack open the piggy bank.

    and I get my money.

    you got one week, or me and a couple of my boys are gonna come a knockin' with baseball bats

    Zombiemambo on
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