Four Year Old Sued for Negligence
A New York Court recently ruled that a four year old girl could be sued for negligence. In that case an 89 year old woman was walking down the street in Manhattan. She encountered the defendant a four year old girl who was racing her bicycle with her five year old friend. The four year old struck the woman with her bicycle causing her to fracture her hip. The woman died three months later of unrelated causes. The Estate of the woman sued the four year old and her parents. The court refused to dismiss the case because the child was over the age of 4, ruling that children under the age of 4 are incapable of negligence. Therefore, in New York you can sue a child over the age of 4 for negligence.
If you are injured as in a motor vehicle accident because of the negligence of a minor, or you are injured by the negligence of a minor in an accident , contact Eric L. Reinken, a personal injury attorney for a consultation.
The law in Connecticut is slightly different. In each case of suing a minor the court will determine whether a child of similar years is capable of negligence. The court will look at the act claimed and the individual child in determining whether he is guilty of negligence. The court will examine children and determine whether children of like age, judgement and intelligence are capable of committing negligence.
If you are involved in a motor vehicle accident , bicycle accident or car accident, it is also different. If it is claimed that there is a violation of a motor vehicle statutes, a child over the age of 16 will be held fully accountable for his actions. For instance, if you have a motor vehicle accident with a 16 year old driver and you suffer personal injuries , the minor driver cannot claim that he did not know that going through red light was not negligence. Therefore, a minor motorist will be held, fully accountable for his actions, as will the owner of his vehicle, if he was driving with their permission.
If you have any questions regarding your personal injury accident, contact Eric L. Reinken, an accident attorney with offices in Stamford and Greenwich, Connecticut.