4-Year-Old Can Be Sued, Judge Rules in Bike Case
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29-10-2010, 10:00 PM
 
4-Year-Old Can Be Sued, Judge Rules in Bike Case
NY Times Article

I have no words, other than these. Undecided
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30-10-2010, 09:01 AM
RE: 4-Year-Old Can Be Sued, Judge Rules in Bike Case
I would not read much into this. It's really an issue of letting the kid be named so they can try to establish liability. Children under 7 are generally held to not be responsible for their actions so I can't see this holding up.

Mom could be held liable, though.

Shackle their minds when they're bent on the cross
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30-10-2010, 02:07 PM
 
RE: 4-Year-Old Can Be Sued, Judge Rules in Bike Case
(30-10-2010 09:01 AM)BnW Wrote:  I would not read much into this. It's really an issue of letting the kid be named so they can try to establish liability. Children under 7 are generally held to not be responsible for their actions so I can't see this holding up.

Mom could be held liable, though.
I figured I'd missed something in a USSC ruling about minors, when I first read this. I hope it is dismissed. Keep an eye out for updates to the story, if you will, and I shall to.
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31-10-2010, 08:44 PM
RE: 4-Year-Old Can Be Sued, Judge Rules in Bike Case
It's not a USSC issue. This is New York common law in play. And, all the judge is saying that the child, along with his mother, can be brought to court to determine liability. They aren't holding him liable or saying he did anything wrong. It's just about establishing liability. Parents are ultimately responsible for the actions of their children, but before you can hold the parent accountable you need to first assess if the child had liability.

The problem with stories like these is they don't really explain the issues involved. People see a headline like "Judge rules 4 year old can be sued" and they go crazy, because the article does not provide any context. Unfortunately, the press - granted unlimited freedoms to serve and protect our democracy - has become more a business then a public trust and the focus on sensationalism and salaciousness rules a majority of their decisions.

Shackle their minds when they're bent on the cross
When ignorance reigns, life is lost
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01-11-2010, 08:56 AM
 
RE: 4-Year-Old Can Be Sued, Judge Rules in Bike Case
(31-10-2010 08:44 PM)BnW Wrote:  It's not a USSC issue. This is New York common law in play. And, all the judge is saying that the child, along with his mother, can be brought to court to determine liability. They aren't holding him liable or saying he did anything wrong. It's just about establishing liability. Parents are ultimately responsible for the actions of their children, but before you can hold the parent accountable you need to first assess if the child had liability.

The problem with stories like these is they don't really explain the issues involved. People see a headline like "Judge rules 4 year old can be sued" and they go crazy, because the article does not provide any context. Unfortunately, the press - granted unlimited freedoms to serve and protect our democracy - has become more a business then a public trust and the focus on sensationalism and salaciousness rules a majority of their decisions.
Understood.

Newspapers, even on-line, have a history of shock headlines just to sell papers (or log hits). I guess they figure it's not their job to research the laws behind something like this, but instead to simply report all the surface details so that the job is done. To get people talking.
Maybe they figure, if anyone's really that deeply interested they'll do that deeper research on their own, which serves to educate the reader public and broaden the issue further as people continue to talk about that.
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01-11-2010, 10:06 AM
RE: 4-Year-Old Can Be Sued, Judge Rules in Bike Case
Quote:Maybe they figure, if anyone's really that deeply interested they'll do that deeper research on their own, which serves to educate the reader public and broaden the issue further as people continue to talk about that.

You are far more charitable as to their intentions than I. I think they go for the dollars and don't care about the veracity or the context. Some do, but my observation is an overwhelming number of the media just don't care.

Shackle their minds when they're bent on the cross
When ignorance reigns, life is lost
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