Four-Year-Olds May Be Capable of Negligence, Can be Sued Under New York State Law

Two four-year-old children were racing their bikes under the supervision of their mothers when they struck and allegedly "seriously and severely injured" a 87-year-old woman who reportedly suffered a hip fracture caused by the accident. Justice Paul Wooten of State Supreme Court in Manhattan recently ruled that the lawsuit brought against the children and their parents can move forward. While infants under the age of 4 are "conclusively presumed incapable of negligence" under New York State common law, for children who are 4 years of age or older, "there is no bright-line rule" according to Justice Wooten. Of course, the ruling made the New York Times. [JH]