Poll: 4-Year Old is Cabable of Being Sued.

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Dec 14, 2009
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ChaoticLegion said:
Daystar Clarion said:
I swear, Americas legal system is so fucked up beyond belief. I studied law for 4 years at university and seen my share of ridiculous UK laws, but America takes the fucking cake.
lmao xD Currently studying Tort law and I know precisely what you mean. I also agree with you, American law is the most claimant friendly law there is and their bounds of negligence consistently encourage the ever present blame culture found in american society.
Sometimes I wish Donahue swallowed the snail and just got the fuck over it.
 

maddawg IAJI

I prefer the term "Zomguard"
Feb 12, 2009
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Kimjira19 said:
maddawg IAJI said:
And they rightfully are. Now that she's dead, guess who gets left with the Hospital bills? For her Surgery, the Medication and bedding for 3 weeks or 3 months depending on the source you read the story from. That stuff isn't free in the U.S and it can get really expensive.

Why should they pay for the bills AND the funeral when it wasn't the old woman's fault?
O, for fucks sake, is it too much to ask the the woman's family man-the-fuck-up and pay their own bills? Do they have to make this into an ordeal for a CHILD who ACCIDENTLY injured a very old woman (who apparently couldn't be bothered to look where the fuck she was walking). If this woman had been 30 or so this wouldn't be an issue, because she would not have such delicate fucking bones. I know I am swearing a lot in this thread but again this is RIDICULOUS. It would be one thing if the kid was doing something inherently destructive (ie throwing rocks, lighting matches etc) and caused someone injury whilst participating is said destructive behavior, but this kid was doing what MILLION of children her age do EVERY DAY! What kind of world is it that it is no longer enough to be a good kid, but that you must never be a kid at all! The essentially part of childhood is learning, primarily from mistakes. Don't you think she probably feels bad about hurting an old lady? Frankly, this whole thing, including some people's responses to it, makes me utterly disgusted.
1) Most funerals now a days go over the $10,000 dollar range and this is just for the plot. That isn't factoring the Casket, the church, the hearse or a lot of things. They aren't cheap.

2) A week in the Hospital cost's a minimum of $50,000 a week. If this one is correct and she stayed there for 3 months, then the price comes to $600,000. That's enough to send a family into a spiraling cycle of debt. This isn't a matter of "paying their bills." this is a matter of avoiding debt. They have lives to and if it was the other way around, then you can expect the same thing.

3) Last I checked, when I was 4 years old and wanted to ride my bike, I asked my parents to take me to the park or a parking lot or just rode around in my driveway. I didn't go barreling down a narrow sidewalk with the intention of going faster then someone near me and if I was driving the vehicle, I'm pretty sure I could see the woman long before the collision. This is just judging on how slow my grandparents move and they're roughly the same age as the old woman. She could have slowed down, she was aware of her actions. And chances are, this won't affect her. Chances are, she'll forget it even happened when she gets older.
 

Mr.Mattress

Level 2 Lumberjack
Jul 17, 2009
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Kimjira19 said:
Mr.Mattress said:
ActivatorX said:
Mr.Mattress said:
I am gonna say this is a WTF moment, but, the kid caused a woman to die. I think it's fair that people should be allowed to try to get some form of Compensation. Though it is a bit extreme to sue a 4 year old (or even allow that), it is justice...
Please read my previous post (the second post above you), for your own sake.
Thank you.
Well still, she did cause her to need surgery, that still is an offense.
It is called an ACCIDENT for a reason. And this 4-year-old is a.. wait for it... CHILD. For fucks sake,it is in poor taste and extremely classes to sue a small child for unintentionally harming someone. This is not justice, it is greed and general douche baggery and this case is completely unacceptable. Its not like the kid was playing with matches and set someone's house on fire, she was just being a normal kid riding her bike (with training wheels AND adult supervision). Furthermore, does no one else think that maybe the older woman (being wiser in the ways of the world) should have looked where she was fucking going! Seriously, this pisses me off. What a ridiculous waste of time and money.
I can accidentally steal someone's idea (George Harrison's famous song "My Lord" for Example), that doesn't mean I am completely off the hook. And I know that she is just a 4 year old. No one is saying "That kid needs to pay for this!" I am not saying that. I am saying that her parents should pay somewhat for what their child did. You call it general douche baggary to get paid for wanting to pay for things that wouldn't happen if this didn't happen? And even if she did start a fire at someone's house, you'd probably be like "This kid shouldn't be sued! She didn't know any better!!" Well, if I didn't know any better and I still set fire to someone's house, I would still be in a ton of trouble. And why should an Older woman watch where she was going? She wasn't bothering anyone. It's not like she was standing in the middle of the road and was like "I wanna piss off some people today."

Really, it pisses me off that people think "If you don't know any better, then it's fine". Really, it's not. It's disgusting. No one should be let off the hook for a heinous thing they did. It's not Justice to let a Rapist go just because "He has Medical Issues" or "He was sleepwalking while he did it" or "He is a mental patient". And if this little Girl was like, oh say, a Ned Flanders type of Person, we'd all be booing him to death. Is that justice when a Little Girl can get away with hurting someone but a Grown Adult who actually feels things and tries to help her can't? No!
 

Callate

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Dec 5, 2008
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At the risk of sounding completely callous, if you're so physically frail and/or mentally confused that you're incapable of getting out of the way of a four year old girl on a bike with training wheels, maybe you shouldn't be out on the street without supervision.

A four year old barely has the first inklings of cause-and-effect. This was an incredibly foolish decision on the judge's part.
 

Sn1P3r M98

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May 30, 2010
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Wow. Just wow. Two years ago. She accidentally hit a 87 year old when she was two years old! Poor kid, you've gotta feel sorry for what she has to go through now.
 

crystalsnow

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Aug 25, 2009
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This sort of crap is exactly why I don't like America. In the distant past before I was born it may have been a better place, but it seems to becoming more and more like a containment cell for the mentally incompetent.
 

Comrade_Beric

Jacobin
May 10, 2010
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Here's the interesting part to me: What's the legal argument against letting 14 year old girls have sex or take pictures of themselves? Because they're just too young to understand what they're doing. Now this judge is saying that 4 year olds can be sued because they know exactly what they're doing. I find it hard to believe that killing someone somehow involves less responsibility than having sex. It's like saying they're old enough for calculus, but way too young to understand algebra.

The legal arguments in this case and in that one are mutually exclusive. If 14 year olds know exactly what they're doing, then there is no logical reason for telling them that they cannot exercise their right to get in bed with someone. This ruling basically draws the "line of understanding" somewhere around the end of a child's fourth year. I doubt anyone here would agree that that should be the new age of consent.

If we're going to have age of consent laws based on the idea that children are just too dumb to know what they're doing, then we can't turn around and say that they can be sued because they know exactly what they're doing. You can't have it both ways, here.
 

Merkavar

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Aug 21, 2010
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i thought most normal countries had a legal concept that people under 10 cant commit a crime because they dont have the metal abilities to know whats right and wrong or something.

Doli incapax refers to a presumption that a child is "incapable of crime" under legislation or common law. In NSW this is for people under 10. How can a 4 year old know anything. they probably still eat clag and bugs.

Sue the parents if anything.
 

Merkavar

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Aug 21, 2010
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Sn1P3r M98 said:
Wow. Just wow. Two years ago. She accidentally hit a 87 year old when she was two years old! Poor kid, you've gotta feel sorry for what she has to go through now.
Repeat offender? she is going to fry this time.
 

BRex21

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Sep 24, 2010
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at what point do you become to frail to be hit by a bike? 4 year olds can move pretty fast when they are "racing" and people are actually all quite easy to break.
what if the little girl went around a corner and hit her? would a fit person with their back turned react in time?
What if when you fell you hit your head on concrete or something elevated and broke your neck?
im not even going to say this is likely, but by your logic shouldn't we all be shut ins?
also people don't seem to understand, she isn't standing trial for murder or anything, because she cant... she is in a civil suit by a family trying to find her and her guardians financially responsible for the damage she caused.
 
Sep 14, 2009
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Zombus said:
That is the stupidest thing I have read all week, if not all month. It was obviously a goddamn accident, not something to get so fucked up as to sue over!
this.

fucking old ladies.

they are the ones who should be sued! they can't drive for fucking shit!
 

Blemontea

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May 25, 2010
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I read the article... From what i could understood the child didn't get sued.(prove me wrong if i am)
but that doesnt matter, NO a child should not be sued, The woman died of completly unrelated reason from the accident so if they were trying to sue them for that then they wouldn't have won. Besides shes a child, she may be aware of her surrounding but not of the consequences, we all have done stupid shit as a child, BUT WE DIDNT GET SUED for it.
This is my own belief but sueing is the cowards way out. Insurance will cover most of the injuries ive heard people sue for, and a person should be put in jail if they molest or rape someone, taking there money is going to do anything.
 

sdafdfhrye3245

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Sep 30, 2008
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No one is above the law. I don't care how much money you have, your age, your sex, gender, or nationality you are not above the law. That being said I dont understand how this is possible because I doubt she had the mens rea for it. But then again I can't see the evidence that was presented before the judge.
 

drdamo

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May 17, 2010
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On the bright side; based on OP's link's legal logic you can demand that they lower the legal drinking age from 21 to 4 as long as a parent is arround! */facepalm ad infinitum*

On the serious side; a 4 year old might understand the difference between right and wrong and the primary consequences of an action, yet having to grow up as a child knowing that you indirectly killed someone in an accident and without being able to grasp the financial sh*t you'll enter once you become an adult because of the lawsuit, will not only ruin your childhood but also leave some form of psychological damage resulting in a disfunctional and depressed member of society. With such nincompoopery you'll only have 2 "deaths" at your hands for the 1 that happened.

On the abstract side; I'm gonna file a lawsuit against the earth, for lack of resources and thus lack of responsibility for its "spouse". Earth, you bad parent you!