PERSONAL INJURY: NY Judge says 4-year-old can be sued in bike accident case

October 29, 2010

Manhattan, New York – A state court judge has ruled that a 4-year-old girl can be sued for negligence after running her bike over an elderly woman in April 2009.

According to Justice Paul Wooten of the State Supreme Court of Manhattan, the girl was not necessarily liable for the accident, but she can be sued for negligence which resulted to personal injury to the elderly woman.

The incident happened in April 2009 while two 4-year-olds were racing their bikes along a sidewalk on East 52nd Street.

During the race, one of children, Juliet Breitman, ran over an 87-year-old woman named Claire Menagh. Reports say that the accident caused the victim severe injuries which required operation. Three months later, she died of unrelated causes.

In legal papers, Juliet’s attorney, James P. Tyrie argued that her client was too young to be held liable for such an accident. And besides, both the children’s parents were present at the time of the accident.

However, Judge Wooten said only children below four years old cannot be held responsible for negligence. He stressed that both kids were over the age of 4 when the accident happened. He also argued that any “reasonably cautious child” that has been educated to look both ways before crossing a road should be able to avoid such an accident.

The decision was released on Thursday.

Juliet’s side has not given any statements yet.