Why the 4 Year-Old New Yorker Should Never Have Been Sued in Negligence

It's been widely reported that a New York County judge allowed a negligence claim against a 4 year-old, who accidentally ran their bicycle with training wheels into an elderly lady, to proceed. And although the judge's opinion seems well-grounded in New York's negligent supervision principles (for more on this topic, please see "How Parents Can Be Held Negligent in NY For Their Kids' Dangerous Acts"), I think the attorney who brought the case is missing the bigger picture: it is not whether the claim CAN be brought - or viable - under New York law; rather, the better question is whether the claim SHOULD be brought.

Simply put, even though this attorney has dodged a proverbial bullet in that the Court has declined to dismiss his case purely as a matter of law, I can scarcely imagine a personal injury case with less jury appeal. Seriously, can you think of any jury that would want to award a significant verdict against a 4 year-old?