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

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Kimjira19

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Nov 14, 2009
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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.
 

maddawg IAJI

I prefer the term "Zomguard"
Feb 12, 2009
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ActivatorX said:
Kimjira19 said:
maddawg IAJI said:
Legion said:
maddawg IAJI said:
The 4 Year old shouldn't be sued directly for it, but if the old lady was indeed injured, then the parents of the child should be open to a lawsuit. I mean, they should have kept in eye on the kid.
Kind of. It's not like the kids were known trouble-makers whose parents don't give a damn, it was an accident, for all we know the parents looked away for a just a second.
All it takes is that one second. It's harsh yes, but a lot of lawsuits occur because of accident. There are a number of cases where a person sues an owner because their dog bit them. A lot of people get sued for accidental traffic collisions. It's a harsh fact, but its a true one. There isn't anything broken with most of the US laws or the legal system, but in this case, I do believe the judge to be wrong with placing the lawsuit on the 4 year old over the parents.

And people, remember that the little girl got off easy here. She is technically responsible for the old woman's death and her family is LUCKY that she they're only being sued for compensation.
Um no she wasn't. The article clearly states that the woman died of "unrelated causes". And 3 months later to boot.
Congratulations on being one of the few people who can actually read. :)
It's funny how big of a deal people have made out of this topic, just because they didn't even bother to read the article thoroughly.
*giant facepalm*
Whether the death was the child's fault or not, the point still stands. The family of that woman shouldn't be left to pay for the hospital bills for their now late grandmother, or aunt or whatever. It was the 4 year olds fault and while I don't believe she should be sued directly, someone from that family should have to pay for it. Not to mention that if the Surgery or the medications or something that came from the hospital was the cause of her death, then it was still the child's fault. Hitting her with a bicycle is still the root of these events.
 

Rensenhito

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Jan 28, 2009
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maddawg IAJI said:
Daystar Clarion said:
maddawg IAJI said:
The 4 Year old shouldn't be sued directly for it, but if the old lady was indeed injured, then the parents of the child should be open to a lawsuit. I mean, they should have kept in eye on the kid.
Or, you know, shit happens. I have no idea why America has this whole lawsuit culture, it's really petty.
The woman got hurt and a lot of people run out of money after they retire. Not to mention that if she isn't at fault, then why must she be the only one to pay for an increase in her insurance because of a parent who wasn't paying attention to where their 4 year old was riding her bike? And that is IF she survived, which she didn't. Now her hospital bills fall to her family, who have no one to blame, but a 4 year old who was racing her bike against her sibling.

It's not petty in this case, more so it's putting blame where blame belongs.
Okay, except the old lady died.
That's the thing: the lady herself isn't suing the girl, it's her estate (meaning her family, I guess) that's filing the lawsuit.
Really, this just feels like blind, stupid money-grubbing.
 

Icehearted

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Jul 14, 2009
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[insert glib derision here]

Look, bad or irresponsible parenting means that things will be left to someone else to take care of. I've seen children, while supervised by their parents, hurl stones and take sticks to parked cars. Sure the kids were no older than 6, but if mommy and daddy aren't going to let them know that what they're doing is wrong then someone else will have to. Hell, by allowing these things to happen parents create a permissive environment, the same kind of permissive environment that fosters bad habits that teens end up with and grow into as adults.

If the parent's were more responsible and behaved less like enablers shit like this would be unnecessary, but as it stands, a good smack of the gavel might be a lesson they all need, especially those asshole parents that should have thought that a sidewalk in front of a residence is a great place for children that are just learning how to ride a bicycle have a race.
 

ProfessorLayton

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Nov 6, 2008
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I'm assuming they're suing these four year olds for some jelly beans and a button they found on the ground.

If anything, sue the parents for letting them run around unsupervised. The thing was... they were supervised. And it was an accident.
 

Something Amyss

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Dec 3, 2008
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Seriously, if you want to claim negligence, blame the parents. The child is four. A lot of things don't register at four.
 

maddawg IAJI

I prefer the term "Zomguard"
Feb 12, 2009
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Rensenhito said:
maddawg IAJI said:
Daystar Clarion said:
maddawg IAJI said:
The 4 Year old shouldn't be sued directly for it, but if the old lady was indeed injured, then the parents of the child should be open to a lawsuit. I mean, they should have kept in eye on the kid.
Or, you know, shit happens. I have no idea why America has this whole lawsuit culture, it's really petty.
The woman got hurt and a lot of people run out of money after they retire. Not to mention that if she isn't at fault, then why must she be the only one to pay for an increase in her insurance because of a parent who wasn't paying attention to where their 4 year old was riding her bike? And that is IF she survived, which she didn't. Now her hospital bills fall to her family, who have no one to blame, but a 4 year old who was racing her bike against her sibling.

It's not petty in this case, more so it's putting blame where blame belongs.
Okay, except the old lady died.
That's the thing: the lady herself isn't suing the girl, it's her estate (meaning her family, I guess) that's filing the lawsuit.
Really, this just feels like blind, stupid money-grubbing.
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?
 

maddawg IAJI

I prefer the term "Zomguard"
Feb 12, 2009
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Zachary Amaranth said:
Seriously, if you want to claim negligence, blame the parents. The child is four. A lot of things don't register at four.
ProfessorLayton said:
I'm assuming they're suing these four year olds for some jelly beans and a button they found on the ground.

If anything, sue the parents for letting them run around unsupervised. The thing was... they were supervised. And it was an accident.
I agree with these statements, but from what I heard from another user, is that they're only suing the child to prevent a loophole.
dastardly said:
If I had to guess, I'd say this ruling was a result of having to work around age-old technicalities in state law.

It might be that a lawsuit against the parents would only be successful if the parent could be shown to be negligent. And, as this judge stated, the term "supervising" is just too vague to have any legal meaning. The judge, however, obviously does feel that the victim's estate should be able to sue for certain damages.

Being aware, as are likely the lawyers, that a negligence suit against the PARENT would be picked apart by opposing lawyers, the judge is allowing the child to be named as the subject of this particular suit. Remember, this would be a CIVIL matter, not CRIMINAL. They do not have to show that the child did this negligently beyond a reasonable doubt--they simply have to demonstrate that the child DID hit the woman, eventually resulting in her likely premature death.

The problem is that they're presenting it in the media in this way because 1) it's funnier and 2) it allows them to villainize the legal system. In doing so, they're allowing people to mix up the terminology and thought processes for civil and criminal law.

TL;DR: This simply allows the plaintiff to name the child in the suit, likely getting around a technicality that the opposing lawyers would exploit if the PARENT were named instead.

The payoff: The money will still come from the mom. Also, I'm not defending the lawsuit itself, but simply saying that (while there are many examples of the failings of our legal system, this isn't one, it's simply being presented as one).
 

timeadept

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Nov 23, 2009
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Daystar Clarion said:
maddawg IAJI said:
The 4 Year old shouldn't be sued directly for it, but if the old lady was indeed injured, then the parents of the child should be open to a lawsuit. I mean, they should have kept in eye on the kid.
Or, you know, shit happens. I have no idea why America has this whole lawsuit culture, it's really petty.
Ancient Greece had a similar one, this is apparently just what a society does when it gets BORED.
 

Rensenhito

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Jan 28, 2009
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maddawg IAJI said:
Rensenhito said:
maddawg IAJI said:
Daystar Clarion said:
maddawg IAJI said:
The 4 Year old shouldn't be sued directly for it, but if the old lady was indeed injured, then the parents of the child should be open to a lawsuit. I mean, they should have kept in eye on the kid.
Or, you know, shit happens. I have no idea why America has this whole lawsuit culture, it's really petty.
The woman got hurt and a lot of people run out of money after they retire. Not to mention that if she isn't at fault, then why must she be the only one to pay for an increase in her insurance because of a parent who wasn't paying attention to where their 4 year old was riding her bike? And that is IF she survived, which she didn't. Now her hospital bills fall to her family, who have no one to blame, but a 4 year old who was racing her bike against her sibling.

It's not petty in this case, more so it's putting blame where blame belongs.
Okay, except the old lady died.
That's the thing: the lady herself isn't suing the girl, it's her estate (meaning her family, I guess) that's filing the lawsuit.
Really, this just feels like blind, stupid money-grubbing.
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?
Fair enough, but they should leave the kids out of it. They've probably been traumatized enough by this whole ordeal; they shouldn't be forced to go to court on top of all that.
 

AvsJoe

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May 28, 2009
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I'd post a sarcastic comment here but this is just a bit too messed up even for me. I hope someone displays some common sense soon and throws this case out.
 

maddawg IAJI

I prefer the term "Zomguard"
Feb 12, 2009
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Rensenhito said:
maddawg IAJI said:
Rensenhito said:
maddawg IAJI said:
Daystar Clarion said:
maddawg IAJI said:
The 4 Year old shouldn't be sued directly for it, but if the old lady was indeed injured, then the parents of the child should be open to a lawsuit. I mean, they should have kept in eye on the kid.
Or, you know, shit happens. I have no idea why America has this whole lawsuit culture, it's really petty.
The woman got hurt and a lot of people run out of money after they retire. Not to mention that if she isn't at fault, then why must she be the only one to pay for an increase in her insurance because of a parent who wasn't paying attention to where their 4 year old was riding her bike? And that is IF she survived, which she didn't. Now her hospital bills fall to her family, who have no one to blame, but a 4 year old who was racing her bike against her sibling.

It's not petty in this case, more so it's putting blame where blame belongs.
Okay, except the old lady died.
That's the thing: the lady herself isn't suing the girl, it's her estate (meaning her family, I guess) that's filing the lawsuit.
Really, this just feels like blind, stupid money-grubbing.
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?
Fair enough, but they should leave the kids out of it. They've probably been traumatized enough by this whole ordeal; they shouldn't be forced to go to court on top of all that.
It's just a simple loophole. Its so defense lawyers can't say that their client had nothing to do with the crime. Just look up and read the post that Dasterdly was so kind enough to present to us all and save myself some typing.
 

Kimjira19

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Nov 14, 2009
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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.
 

SinisterGehe

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May 19, 2009
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She can't even read for love of Atheismo! or Write, count or whatever! She doesn't have the basic informed skills to understand what the court is driving trough... I wonder does she know what a court even is? Sue the mother at the best, but Comon! With what is that girl supposed to pay to the people who sued her? Candy?

If a a person with learning difficulties can be freed from legal obligation... GOSH! You get the point... I bet you aren't "as smart as" the people who decided to sue her...
 

Mr Shrike

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Aug 13, 2010
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What is the similarity between lawyers and apples?

They both look great hanging from trees!

OT: Seriously, what the flying fishcake? Only in America could this happen.
 

Mikeyfell

Elite Member
Aug 24, 2010
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I don't care how old you are
If you can't tell that running a pedestrian down in a vehicle is a bad idea
you should be arrested

3 months shy of turning 5
then 11 years shy of turning 16

so in 11 years when the news story comes up of a "Mass vehicular manslaughter outside a retirement home" I will have called it

doing hard time will teach those toddlers a lesson no amount of spankings could

LOL.....


there's no way a 4 year old could understand the implications of being sued

just take away their bike and ground them
they understand that stuff

"you did something bad so now you have to ware a little suit and mommy and daddy have to spend money on a lawyer"
no...

"you did something bad so now you don't get to ride your bike or play with your friends for X amount of weeks"

much better punishment