Tag: negligence

Judge Allows 4-Year Old Girl to Be Sued in Fatal Bicycle Accident

Nov 03

A Manhattan Supreme Court judge recently ruled that a child, specifically, a 4-year old girl can be sued and held liable for negligence.

The controversial decision stemmed from a case filed by the family of an 87-year old woman, who died shortly after the said little girl struck her on the sidewalk while riding on her bicycle with training wheels.

Allegedly, Claire Menagh was walking in front of the building when she was struck by the 4-year old Juliet Breitman and her playmate who were racing under the supervision of their mothers. In the complaint filed, Menagh suffered serious injuries as a result and had to undergo surgery for her fractured hip. The octogenarian died 3 months later of unrelated causes.

The estate of Menagh sued the children and their mothers for having acted negligently and causing the crash. Although the attorney for the little girl claimed that Juliet was too young to be held liable for negligence, Justice Paul Wooten of State Supreme Court in Manhattan found otherwise.

Justice Wooten cited cases as far back as 1928 for his decision – and though he ruled that Juliet Breitman may be sued for negligence, he did not necessarily judge her to be liable. His ruling merely permitted that a lawsuit be brought against the girl, her playmate, and their mothers.

In his decision, Justice Wooten reasoned that while jurisprudence states that infants under the age of 4 are presumed incapable of negligence, as Juliet is over the age of 4 when the accident occurred, the rule does not apply. Further, he stated that any “reasonably prudent child” even under the supervision of a parent, should appreciate the danger of riding a bike into an old lady. He also wrote that, “A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior.” Wooten however noted that the child cannot be held accountable for the accident, if such risky behavior was encouraged by the parent.

Thus, as there is no indication the parents “encouraged” such risky behavior or that Juliet lacked the intelligence or maturity to understand the dangers of her actions, a complaint for negligence against her may prosper.

While the decision is controversial – the basis is sound. Under Civil and Tort Law, when a person causes injury or damage to another because he/she failed to act as a reasonably prudent person should do to protect another from foreseeable risks of harm, the negligent party can be held liable for negligence.

Proving negligence however, isn’t cut and dried and other factors may come into play (such as the victim’s own contributory negligence), so legal advice should be sought if you plan to file a claim for negligence or are accused of being negligent yourself.

Chrysler Recalls 600,000 Jeep Wranglers and Minivans

Jun 08

The Michigan-based automaker, Chrysler has recently announced a recall of two of its vehicles amounting to nearly 600,000 recalled units of Jeep Wranglers and Chrysler Town & Country minivans.

According to the National Highway Transportation Safety Administration (NHTSA)’s notice, the affected models are Jeep Wranglers from model years 2006 to 2010 and Chrysler Town & Country minivans from model years 2008 and 2009.

Although no accidents or injuries have been reported, the recall involved auto defects involving brakes and wiring.

Allegedly, Jeep Wranglers have a condition which may cause its brakes to fail. It is susceptible to brake fluid leak (which can cause partial or total loss of brakes) because of contact between the right and left front inner fender liners and the right front and left rear brake tubes.

On the other hand, some Chrysler Town & Country minivans were built with an improperly routed wiring harness which can cause a short circuit and lead to a fire.

Owners of the above-mentioned vehicles shall be contacted by Chrysler for free repairs.

For most car manufacturers, car defects and auto recalls is an experience they go through at one point or another. This is particularly common for automakers who share the same parts suppliers.

Aside from Toyota’s unintended acceleration problems with millions of vehicles recalled, Chrysler has also previously recalled vehicles for the same sticky accelerator pedals. The defective pedals were apparently all made by the same supplier, CTS.

In case you own a car which has been recalled, don’t hesitate to take it to the nearest dealer for a free fix. A lot of cars may seem to run fine in the beginning but can hurt or injure you in an accident if it turns out to be defective or prone to accidents.

If you or a loved one were injured or suffered a death within your family because of a defective vehicle or auto part, you have the right to sue either the car manufacturer or the auto supplier for compensation for any damage or loss you incurred.

Under the doctrine of strict liability which is usually applied in product liability cases, parties who make their defective products available to the public, regardless of negligence or tortious intent, are responsible for the injuries those products cause.