Sunday, October 31, 2010

4 Year old killer? I think not.

In case you didn't here, I'll recap. A 4 year old is being sues for negligence in the death of an elderely woman who broke her hip when the 4 year old and a friend were racing bicycles with traing wheels. The elderly woman died a few weeks later.

I've heard this story several times in the past few days. Although it is tragic, I was shocked a little not alot because it seems nowadays anyone sues everyone but I also learned something bizarre. The judge stated that this child was close enough to their 5th birthdy which was on the books as "old enough to be sued." ??? Really at age 5 it's acceptable in the judicial system to be sued? How do you even think to do that?

They even mentioned that sueing the mother is not an option because, a parent's presence alone does not give a 4 year old carte blanc to act recklessly. Last time I checked, that's exactly how 4 year olds act. They run around without paying attention to who's around them and they destroy things. How is a 4 year old or even a 5 year old able to understand the repercussions of their actions? It's a long learning phase in their development. Somewhere after age 7 a child learns reasoning and logic but that could take up to age 12 with some kids.

I may not be a lawyer but it doesn't make sense. The judicial system should have dismissed it and if anything then go after the parent but honestly it doesn't sound entirely reckless. It seems that every time someones says "well, their close enough to the age" someone will later use that to lower the age and then again and again. Isn't that how we got here?


  1. That's all kinds of crazy!!! Sue the mom for her negligence, but a 4-year-old? Even a 5-year-old can't be responsible for her actions. What are they going to sue the child for? Money?

  2. Exactly, money! Unless it's to make a point but what point can be made about a 4 year old? It still comes back to the gaurdian or responsible adult monitoring the toddlers activity. I see no reason for sueing the child except money.

  3. Good post.

    I saw this story as well and thought it was nonsense. A four year old to act like and adult is not the norm, and this case has no business in the courts.