Can a 4-Year Old Be Sued in New York Court?

Judge’s Ruling Based on NY Law

From an October 29, 2010 New York Time article by Alan Feuer: Citing cases dating back as far as 1928, a judge has ruled that a young girl accused of running down an elderly woman while racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence.

The ruling by the judge, Justice Paul Wooten of State Supreme Court in Manhattan, did not find that the girl was liable, but merely permitted a lawsuit brought against her, another boy and their parents to move forward.  More

While many online comments on the MSNBC article express outrage that a 4 year old could be sued, it is important to remember, the judge’s ruling is based on New York law, which is clear. Under the age of four, a child cannot be sued and is not capable of being negligent. While a child over 4 years old can be sued, the burden is on the plaintiff to show the child acted unreasonably for a child that age.

The elderly woman’s expectation is that she’s not going to get run over, walking on a public sidewalk. Thus, the plaintiff must have a day in court and must also prove the child acted unreasonably for a child of four.

At Sackstein, Sackstein & Lee, LLP, our New Your law firm has handled personal injury cases since 1952. Our attorneys understand the complexity of accident cases. Using our skill, knowledge and considerable experience, we help clients obtain full and fair compensation for their injuries, from lost wages and income to medical expenses to physical pain and suffering both past and future.

Our law firm offers a free initial consultation to discuss your injury accident with an attorney to find out if you have grounds to file a personal injury lawsuit. To arrange an appointment with one of our experienced attorneys,  Contact Us or call our law office toll free at 888-519-6400.

New York Labor Law 240



New York Construction Accident Claim

Sackstein, Sackstein & Lee, LLP, Wins $850,000 Settlement

The attorneys at Sackstein, Sackstein & Lee, LLP,  have won an $850,000 settlement in a New York construction accident claim. The firm represented a construction worker who was climbing a straight ladder at a job site. As the laborer went up the ladder, he grabbed a two-by-four which was nailed to a plywood wall. The two-by-four came loose, causing him to lose his balance and fall a distance of seven feet. As a result of the fall, he suffered a lumbar fracture and lumbar disc herniations.

The lumbar vertebrae are the five largest and strongest vertebrae in your spine, making up your lower back. Lumbar fractures can often lead to chronic and debilitating pain, and those suffering lumbar fractures often need bracing for extended periods of time. A lumbar disc herniation, sometimes referred to as a slipped or ruptured disc, occurs when the jelly-like center of a disc is pushed against the outer ring. A lumbar disc herniation can also lead to chronic pain or discomfort, and can make it difficult a person to work in any capacity that requires lifting, pulling, twisting or bending.

Sackstein, Sackstein & Lee, LLP, provides comprehensive counsel to people who have suffered a construction accident injury, handling claims involving:

• Labor Law 240 and 241 injuries, involving ladders or scaffolding & other worksite hazards
• Injuries suffered from falling objects or debris
• Injuries caused by the collapse of a building or structure
• Injuries sustained because of malfunctioning equipment, tools or machinery
• Construction vehicle accidents
• Falls from buildings, platforms or beams

As a construction worker in New York, you are not limited to remedies under the workers’ compensation laws. You may file a third party claim against parties other than your employer, if their negligence or wrongful acts resulted in your injury. This can include owners or general contractors who have a duty to provide a safe workplace.

At Sackstein, Sackstein & Lee, LLP, we have aggressively protected the rights of construction accident injury victims since 1952. We understand the complexity of these cases, as well as the seriousness of most injuries sustained on a construction site. We use our skill, knowledge and considerable experience to help you get full and fair compensation for all your injuries, from lost wages and income to medical expenses to physical pain and suffering.

We provide a free initial consultation to all construction accident injury victims. To set up an appointment with one of our experienced

attorneys, contact our office online or call us toll free at 888-519-6400.

Jury Awards Commack couple $248K in LIRR gap fall

Long Island Rail Road was ordered by a Manhattan jury Tuesday to pay a Commack husband and wife $247,500 for injuries and damages after the woman fell into a gap between the Huntington Station platform and a rail car, an attorney for the couple said.

The couple were attempting to board the train at the time of the accident on March 12, 2006.

Judith Cohen, 72, suffered five fractures near the knee in the femur of her left leg and three fractures in her shoulder, causing her to have two surgeries to repair the leg and roughly 18 months of therapy, said attorney Leonard Chipkin, litigator for the law firm in Garden City, Sackstein Sackstein & Lee LLP.

In the couple’s lawsuit, they had asked for $775,000 but the jury ruled Judith Cohen was 45 percent responsible for her fall into the 9 1/2-inch gap and awarded the smaller sum. The six-person jury reached the verdict after five days of testimony and less than a day of deliberation.

The couple was awarded for past and future pain and suffering and lost services for husband, Joseph Cohen, Chipkin said.

“I was very pleased,” said Judith Cohen, who along with her husband is an adjunct professor at Dowling College. “The prime purpose for my suit was that to show that LIRR was at fault in my accident. I think since the verdict was in my favor, I think the jury agreed.”

Cohen said she sometimes needs to use a cane and, years after the injury, still must visit her surgeon for checkups. Also, her left leg is shorter than her right as a result of the accident. “I have had very serious injuries and a life-changing experience because of the injuries. I have a permanent disability . . . problems with range of motion,” she said.

In a prepared statement, LIRR officials would only say the railroad is “evaluating its next steps” in the case. They pointed out the train system has put into place an education system to make customers better aware of gaps at platforms and spent $27 million at stations throughout the system. A Newsday investigation in 2007 revealed that since 1995, the LIRR has logged more than 800 gap incidents at stations from Penn Station to Bridgehampton.

LIRR had offered a $200,000 settlement to the Cohens, Chipkin said. The couple chose to take the case to a jury to “put a value on whether the railroad was wrong,” he said.

Sackstein Sackstein & Lee, LLP  is a Personal Injury Law firm with offices throughout Long Island and the NY Metropolitan area.  For further information on the firm, please visit the firm’s website at www.sacksteinlaw.com

Sackstein Sackstein & Lee, LLP Legal Blog

With offices throughout the New York City and Long  Island area, the Personal Injury attorneys at Sackstein Sackstein & Lee, LLP  have been assisting accident victims for more than 55 years.   Our longevity is a testament to our success: “Our Family helping your family for over 55 years”

The Attorneys  at the firm are an experienced team of New York Personal Injury Lawyers. The staff as well as the Lawyers are a dedicated group of individuals that work closely with the clients and  will go the extra mile for you.  The firm is fluent in speaking Korean and Spanish. 

Sackstein Sackstein & Lee, LLP, handles all types of personal injury claims including Auto Accident, Construction Accidents, Ladder and Scaffold Accidents, Slip and Fall Injuries as well as various other Personal Injury related accidents.  Our newly created website can be found at the following address: www.sacksteinlaw.com