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Can a 4-year-old be sued? Yes! Juliet Breitman and Jacob Kohn were racing their bikes when it crashed into 87-year-old Claire Menagh. Three months later, Menagh was dead. Supreme Court Justice Paul Wooten of King County, New York, ruled on Friday that the Kohn family could face a lawsuit for the accident caused by the two 4-year-olds.
According to MSNBC, Claire Menagh’s injuries included a fractured hip that required surgery and a long hospital stay. Unfortunately for Menagh, three months later, she died. Her death was unrelated to the injury she suffered from the crash. However, it’s safe to say the crash was severe and probably didn’t help. So, the question now is - do these little girls deserve to be sued for negligence?
Breitman and Kohn were four-years-old when the incident took place. It’s possible they were just having fun. It’s very unlikely the children were plotting to injure people while they were riding their bikes. One can argue Menagh was just in the wrong place at the wrong time. Furthermore, the children weren’t alone, an adult was present.
On the other hand, Judge Wooten ruled that having an adult present did not give children the excuse to engage in careless behavior:
“A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street.”
It’s unfortunate for Claire Menagh but what about the children? How does Breitman and Kohn feel about what they’ve done? More importantly, have they been told of the controversy they’ve started? Would you tell your child if he/she caused the death of another person? Would you hide that information?