Better watch your kids closely

[NikatKimber]

To put this in perspective, I'm just pretty sure my Grandma would be rolling over in her grave if she knew her kids were suing because a 4 year old knocked her over. So unless someone can PROVE that either the parents or the kids were intentionally doing something negligent, I don't think there is any fault. It sucks she got hurt, but sometimes, life just ain't fair.

I think there is a difference also between negligence in this type of case vs an honest accident. And I just haven't heard anything to convince me there was anything but a terrible accident here.

 

[NikatKimber]

You're totally right. Its completely the old lady's fault she was walking on a side-walk and got hit by kids on bicycles.

I'm not saying suing everyone is the way to go, but this story isn't completely one-sided.

BTW, how do you know how easy it is to break the hip of an 87 year old lady? You know what, I don't want to know

My great grandma fell, for no reason, walking to the laundry room of their house. Broke her hip, and it WAS due to complications of that that she died from. I'm sure if we look hard enough, we can find someone to sue over that. I think she was pretty close to 87.

 

[ez bake]

My great grandma fell, for no reason, walking to the laundry room of their house. Broke her hip, and it WAS due to complications of that that she died from. I'm sure if we look hard enough, we can find someone to sue over that. I think she was pretty close to 87.

I understand man - I was trying to make light of the direction this thread was heading so that I didn't come off like I was trying to argue for no reason. I understand that old people are fragile and I'm not for suing a 4 year old. I just can see the two mothers being a lot less "responsible" being as they live in NY (I.E. talking on cell phones while their kids run around doing whatever they want near a busy NY street) and if there was a lack of supervision by the parents, then it is negligence.

Not trying to argue with everyone who already has their mind made up based on the very little info in the article, but there are always two sides to every story. Accidents happen, but if I hit someone due to an accident and I was failing to do everything I could to prevent that accident, I'm responsible for the outcome (that's why we have insurance, etc...).

I just don't see holding the old lady accountable for "not being able to move fast enough" as a fair defense if the kids were truly not being watched by their parents.

Again, I'm not for being sue-happy and its quite possible that the old lady's estate are just being greedy. It is NY, they're probably all a little guilty of being crappy

 

[grizzly97]

I must have read the article too quickly. I thought is said she died 3 weeks later. Even 3 months later, if she died due to complications of the surgery (and the elderly are prone to surgery complications), then the negligence would still fall upon the family of the child.

You see cases where victims of violence have died as much as a year after the attack and the suspect is charged with homicide. It's all a matter of whether the medical conclusion is that the victim died from the trauma inflicted during the event.

Very good point. It sounds like it's one of those "you had to be there" kind of situations.

 

[NikatKimber]

I agree that there is a lot we don't know. Just that it seems to be stretching the imagination to think that the parents of a couple 4 year olds on bikes (with training wheels) could be held criminally liable as negligent.

Personally, I think it is negligent to raise kids in NYC, but who am I?

 

[Glocktogo]

My great grandma fell, for no reason, walking to the laundry room of their house. Broke her hip, and it WAS due to complications of that that she died from. I'm sure if we look hard enough, we can find someone to sue over that. I think she was pretty close to 87.

Is it just me or are the ones saying the estate shouldn't sue are complaining because the old lady was, well, old? She probably would have died soon anyway, right? After all, she was, well, old!

Old and fragile or not, she probably had someone who loved her and will miss her. Regardless of the victim's age, never underestimate the pain and suffering of a family of the untimely demise of a loved one. If the cause of death can be traced to another, people tend to sue. That's just the way it is. Everyone seems very concerned about the 4 year old girl, but not so much about the 87 year old. Man, bunch of Ageists around here! Do y'all throw your elderly in "retirement" homes that accept Social Security as full payment?

 

[sabot_round]

No one is holding the old lady accountable. We just think that is asenine to sue the kids and their families for a mere accident.

 

[criticalbass]

Intentional negligence is a conflict of terms.

If that had been my mom or granny, I'd want a piece of somebody, even if I gave the proceeds to charity, which happens in a surprising number of cases.

As to sueing a child, it seems silly and will probably work against those bringing the suit. People who can't control their children, and you see them every time you are in public, are the negligent ones.

I strongly object to the stereotyping of New Yorkers, and have several New Yorker friends who you wouldn't want to have hear you do that. These are tough, realistic guys who don't exactly fit the stereotype . . .

Just another BS sensationalistic item to cause tongues to wag (mine included). CB

 

[NikatKimber]

I'm not saying that "sucks to be old" but that "**** happens" I think it's nuts how sue-happy some people are. My great grandfather (whose wife I mentioned earlier) much MUCH preferred spending a day at my parents house (with 6 kids running around) than being in the "safe" nursing home (which everytime we went to visit him, he talked about "breaking out of this joint"). But I can't imagine his other kids sueing us if my younger brother had tripped him on accident, because mom didn't have him on a leash. He was 90+ at this time. And yes, all of his descendants loved him. He was an awesome man.

Seriously though? "Untimely demise?" I mean, she could have tripped stepping off the curb crossing the next street and suffered the same thing. Not to be morbid, but at 87, life is, well... fragile.

 

[BadgeBunny]

Man, oh man, I'm not telling ANY of you guys the number of my room at the old folks home ...

Oh and I have a hip story too. Seems my grandmother (mid 90s) was walking to the little girl's room and her bones were so brittle that her weight (87 pounds at the time) shattered her pelvis. She died a few weeks later from complications of her broken hips. Up until that time she had been in pretty good health for a cranky old woman who had had colon cancer for several years. However, osteoporesis is a ***** ... take you calcuim supplements ...

And I am here to tell you that she would come back from the grave and terrorize anyone who sued a 4 year old. There is definitely more to this story ... God only knows knowing New Yorkers ...