A 4-year-old is now able to be sued

[draco664]

Someone else thinks this situation is silly too.

[smileyeagle1021]

If I had to guess, I'd say that it's because it's a civil suit. They haven't been criminally charged.

It could also be that the children's parents gave permission for the names to be printed... it's not a bad strategy, because it will make the plaintiffs look even more batshit crazy if there is actual names attached rather than just "a minor who's name cannot be released"

[Kimmik]

It could also be that the children's parents gave permission for the names to be printed... it's not a bad strategy, because it will make the plaintiffs look even more batshit crazy if there is actual names attached rather than just "a minor who's name cannot be released"

I hate to be devil's advocate here.. but the elderly woman's family has a right to sue. Seeing how the children did cause harm, accident or other wise. Medical bills are expensive.

While I believe they are naming everyone in the suit most likely to make sure that it proceeds and is not kicked out because they named the wrong people. I dont see this as one of those sue happy people kind of things. Hospitals dont write off bills because someone dies, they default to the estate in most cases.

It sucks that this happened but I do believe that the children's parents are liable for the medical bills from the accident.

I think it is sucky that this happened at all. My heart goes out to the children and all involved.

[Ladeeda]

I hate to be devil's advocate here.. but the elderly woman's family has a right to sue. Seeing how the children did cause harm, accident or other wise. Medical bills are expensive.

While I believe they are naming everyone in the suit most likely to make sure that it proceeds and is not kicked out because they named the wrong people. I dont see this as one of those sue happy people kind of things. Hospitals dont write off bills because someone dies, they default to the estate in most cases.

It sucks that this happened but I do believe that the children's parents are liable for the medical bills from the accident.

This. It's not a pointless case. Everyone seems to be getting up in arms because of the age of the child without considering the other facts.

[Lace Neil Singer]

Um, you did read the part in the article where it said that the old lady died of unrelated causes, didn't you? Therefore, the accident did not cause her death and there is no medical evidence to back up these people's claims. So to most people, including 4chan and their ilk, it's just going to look as tho they're sue happy cretins picking on a couple of little kids.

[smileyeagle1021]

It sucks that this happened but I do believe that the children's parents are liable for the medical bills from the accident.

.

Then sue the parents on behalf of the children... any time a minor is involved you may name as defendant the legal guardian of the guardian and have no problem with it being the wrong person as long as you explicitly state in the suit you are suing them in legal representation for their child (or at least that is what I remember from my intro to business law class when it came to torts, if a minor causes property damage a business can sue the parents for damage, so I'd assume the same applies to individuals.)

[draco664]

I hate to be devil's advocate here..

No problem. I don't mind it all that much when people disagree with me...

but the elderly woman's family has a right to sue. Seeing how the children did cause harm, accident or other wise. Medical bills are expensive.

Yup, I agree with everything so far.

While I believe they are naming everyone in the suit most likely to make sure that it proceeds and is not kicked out because they named the wrong people.

I have to disagree here. Civil action isn't the same as criminal charges. You can file a suit against someone and if it's tossed, you can refile against someone else.

Naming the children in the suit is just aiming to punish the children by the process, rather than the verdict. If they were truly just after compensation, they'd have just named the parents, since the children have no financial wherewithall to pay any judgement against them. Had they just sued the parents, and had the suit tossed by the judge for naming the wrong people, then adding the children to a new suit would be the way to go.

I dont see this as one of those sue happy people kind of things. Hospitals dont write off bills because someone dies, they default to the estate in most cases.

It sucks that this happened but I do believe that the children's parents are liable for the medical bills from the accident.

Perhaps. That's what the legal action is to determine.

I think it is sucky that this happened at all. My heart goes out to the children and all involved.

Well said.

[Greenday]

Um, you did read the part in the article where it said that the old lady died of unrelated causes, didn't you? Therefore, the accident did not cause her death and there is no medical evidence to back up these people's claims. So to most people, including 4chan and their ilk, it's just going to look as tho they're sue happy cretins picking on a couple of little kids.

Then it's a good thing the kid isn't being sued for murder and just for hurting the old woman.

[Lace Neil Singer]

It doesn't seem as tho they even have a case for that, tho. Also, if they were going to sue for hurting, why wait til after the lady died? I really hope 4chan get hold of this case.

[Greenday]

Possibly because when you have a loved one going through pain and suffering, dealing with surgery and its after effects, and dying, suing someone isn't at the top of your priorities.

[Lace Neil Singer]

And then, after you've had the funeral, you start to think of how you can make money out of your loved one's death? Whatever.

[Greenday]

No, you realize, "Shit, along with funeral costs, the hospital is handing over the bills to us instead of just getting rid of them like any normal company would?"

[smileyeagle1021]

I really hope 4chan get hold of this case.

Not quite 4chan, but ask and ye shall receive

[FArchivist]

I don't mind the woman's family suing the parents. But why are they suing the kids? What are they going to be getting from the kids? Their crayons? Barbies? GI Joe dolls? WTF?

Well, it sort of works like this:

1) Parents are responsible for the minors.
2) Minors caused the injury they are suing over.
3) If ONLY the parents are named, case gets dismissed, because it wasn't the parents that were the direct cause.
4) So, to sue properly, children must be sued and parents included in the suit as the responsible guardians for the minors.

Um, you did read the part in the article where it said that the old lady died of unrelated causes, didn't you? Therefore, the accident did not cause her death and there is no medical evidence to back up these people's claims. So to most people, including 4chan and their ilk, it's just going to look as tho they're sue happy cretins picking on a couple of little kids.

Ah, but the question is whether the accident contributed or caused undue pain and suffering.

[Lace Neil Singer]

If that's the case, then everyone could sue anyone for any reason. I could sue Greenday for disagreeing with me and causing me undue pain and suffering. It just seems sad to me that some people see a love one's death as an excuse for a gimmie grab.