Can an 8 year old be found to be negligent?

A:

May it please the Court?

An eight year old boy was skiing; ran into another skier and the collision caused the old geezer injury. So the old geezer in turn sued for damages. One might be lead to ask if this is legal, fair or morally right. And my answer is, "Absolutely, positively, unequivocally - it is!" Why not? Children today want all of the privileges but none of the responsibilities. Irresponsible parents love this argument. It gives them the free pass on being a responsible parent. They can't have it both ways. If society is going to give children the rights and protections the same as adults, then why shouldn't they be held accountable for their actions? It makes sense to send children a clear message because many parents don't get it. Some parents want to be a child's best friend. There is a huge difference between being a parent and being a best friend. And a free pass is not a clear message that reinforces the idea that with rights come responsibilities. Most parents have insurance that covers a child's actions. Their home owner's insurance policy will cover such acts. Of course the parents should also be defendants since it is the parents who have a legal duty to control their children.

"David Pfahler, 60 of Allentown, Pa., claims Scott Swimm, then 7, was skiing recklessly and too fast, causing a collision that left Pfahler's shoulder tendon to tear, UPI (which asserts that Pfahler is from Colorado) and the Associated Press report."

Young Mr. Swimm's father denies the claim. That doesn't surprise me. What parent wouldn't feel this way? But objectively looking at the situation why should the injured person who probably has a mortgage to pay, be penalized because the injurer was a child? The child is reported to have weighed 48 pounds. Take any 50 pound bag of sand from Lowes and attempt to play catch with it. Even from two feet it's got sufficient force to do damage. Now consider a 48 pound bowling ball with skies on. How much damage do you think it could cause? The point being, a child on skies isn't just a little darling all cute and smiling. That child becomes a weapon if not properly controlled.

"The suit claims Pfahler suffered a torn shoulder tendon and seeks compensation for physical therapy, vacation time, nursing and medical services provided by Pfahler's wife, and other expenses. It estimates the couple's losses at more than $75,000."

The mother is reported to have asked, "Who in the world sues a child?" Answer: Well for one, people they injure. What about the child who loads up a weapon and heads for the mall. Or the ones who go to school with dad's assault rifle. Or the few who car jack you and put a bullet in your head to cover their tracks? Perhaps mom and dad should be asking themselves about parenting classes or staying home and supervising their children. Or better yet, coach them in league play and teach the child responsibility. Then of course there is always the bunny hill until the kid learns control.

I've coached soccer and for too long we've been handing out participation trophies. Only losers want a participation trophy. Winners want one they actually earn. My advice to Jim Chalat, the injured party's attorney, is to challenge the Colorado law that doesn't allow minors to be sued. Your argument should be clear. Direct the Colorado Supreme Court's attention to juvenile crime and suggest they need look no further than Columbine. We all need to reexamine how we weigh rights and responsibilities. Without a clear understanding of responsibilities our rights become an empty promise.

I'd gladly sit second chair with attorney Chalet. And, I rest my case.

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