Judge Rules 4-Year-Old Can Be Sued for Bicycle Accident

A judge in Manhattan has ruled that a 4-year-old can be sued for negligence over a bicycle accident on the sidewalk. In that accident, two children racing their bicycles (with training wheels) on the sidewalk caused an elderly woman, Claire Menagh, to fall and break her hip. Ms. Menagh died from unrelated causes three months later. Her estate filed a lawsuit against the children as well as their mothers, who were supervising the children while they played.

Citing a case from 1928 which held that children under the age of 4 were conclusively presumed to be incapable of negligence, Justice Paul Wooten noted that the child in question was three months away from turning 5 at the time of the bicycle accident and was legally capable of being sued. Modifying the common legalese that would normally be used to establish a legal standard for an adult, Justice Wooten used phrases such as what a "reasonably prudent child" would do, said that there was no evidence of the child's "lack of intelligence or maturity," and opined that there was nothing 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."

It also seems reasonable to presume that Justice Wooten has not spent a lot of time with young children. The idea of applying a "reasonably prudent child" standard to a 4-year-old in a bicycle race would be funny, if it were not actually being done in this case. While some have said his ruling is technically correct, most have found the decision to allow a four-year-old to be sued for damages for negligence to be a legal absurdity. While there may not be a "bright line rule" that prevents it, common sense should. Perhaps the reason there is no caselaw addressing the issue is because even most lawyers would not do something so ridiculous as to try to impose personal liability on a young child. While it may be fair for the parents to face legal action over their child's actions, subjecting a preschooler to the possibility of a judgment being entered against him should not be a legal option in any scenario.

To learn more about the story, see 4-Year-Old Can Be Sued, Judge Rules in Bike Case.

What are your thoughts on this case? Do you think the judge's ruling was proper, or outrageous? Is it also possible that the judge's ruling is correct AND absurd? Share your thoughts in our comments section below, or discuss the issue in our Forum.

Related articles

• US child sued for bicycle crash (bbc.co.uk)
• Can a 4-year-old be sued for negligence? Judge says yes (thestar.com)
• Manhattan judge lets suit proceed against 4-year-old bike rider (seattletimes.nwsource.com)