Child broke leg on sidewalk—should I talk to the neighbor or teach my 12-year-old to pay more attention?

[Anonymous]

Anonymous wrote:I agree that my child should have seen the trashcan, but under Virginia law the real liability lies with the neighbor who left it blocking the sidewalk for over three days. Property owners must remove their carts promptly, and leaving one in the middle of a public walkway creates a clear hazard.

Furthermore, Virginia’s contributory-negligence rules protect children under 14: those under seven cannot be held negligent at all, and children aged seven to fourteen are presumed incapable of contributory negligence unless it can be proven they knew of and disregarded a risk.

My point is, shouldn’t the neighbor also learn a lesson about keeping the sidewalk clear?

Kids aren’t held negligent because they are supposed to be SUPERVISED BY A PARENT. The parent is you. You were supposed to be actually watching your kid and telling him to slow down since there are obstacles around and he obviously isn’t mature enough to ride responsibility. I can tell you that if your brat plowed into one of my kids (or me!) on the sidewalk and you weren’t even out there supervising him then we would absolutely be going to court.

[Anonymous]

Just chalk it up to a childhood injury and move on. Do you want to make an enemy of your neighbor? Because that's exactly what will happen.

If a neighbor brought something so ridiculous to me, I'd go out of my way to be very passive aggressive and sneakily retaliatory.

Remember, they have your address. They could easily post an online ad for a free hot ticket item and have you inundated with random strangers. Not that I've ever done that to anyone...

[Anonymous]

Is your son special needs?

[Anonymous]

Anonymous wrote:I’d love your thoughts on something that happened recently. My 12-year-old son was riding his bike on the sidewalk because the road was too busy. He struck our neighbor’s trash can, which was left blocking the path, and fell, breaking his leg.

This has been a real wake-up call: I need to pay closer attention to where he’s riding and remind him to scan ahead, even on the “safe” sidewalk. At the same time, it feels unfair that a can left in the middle of a public walkway caused this accident.

Under Virginia law, bicycles are explicitly allowed on sidewalks. Still, riders must follow pedestrian rules (Va. Code §§ 46.2-903 & 46.2-904): they have the same rights and duties as walkers—yield to pedestrians, signal before passing, and obey any “no bikes” signs. Property owners must clear obstacles from the public sidewalk, even if the trash company places the can there. In Fairfax County, carts must be pulled in by the end of trash day (Friday or Saturday), but the neighbor left their trash can out for over three days.

Insurance covered almost all of our medical bills; I only paid a few small copays. We have timestamped photos showing the trash can blocking the sidewalk.

So now I’m torn: Do I focus on teaching my son to be extra vigilant, or should I have a calm conversation with the neighbor (or their insurer) about their responsibility and ask them to cover those small copays—and maybe some extra for his pain? Or does that feel like overkill since insurance already handled most of it?

Thanks for any advice or similar experiences!

His fault.

[Anonymous]

Thank you all for weighing in. I’m not asking for reimbursement or to make anyone pay—I just want to share the laws my attorney friend sent over after we discussed this:

Sidewalks are public rights-of-way. Under Va. Code § 15.2-2009, Fairfax County can require any property owner to remove obstructions and hold them negligent if they don’t.

Leaving a trash can blocking the path violates Va. Code § 18.2-404, which makes it unlawful to obstruct the free passage of other persons in a public way.

Fairfax County mandates that wheeled carts be pulled off the curb or sidewalk by 6 p.m. on collection day—my photos showed the can sat there for three days.

Bicycles are expressly permitted on Fairfax sidewalks (Va. Code §§ 46.2-903 and 46.2-904), with the same rights and duties as pedestrians; no one expects a rider to dodge a hidden hazard someone else left behind.

Please be aware of these laws before leaving your carts in the way. You might not always run into someone as level-headed as me.

[Anonymous]

Anonymous wrote:Thank you all for weighing in. I’m not asking for reimbursement or to make anyone pay—I just want to share the laws my attorney friend sent over after we discussed this:

Sidewalks are public rights-of-way. Under Va. Code § 15.2-2009, Fairfax County can require any property owner to remove obstructions and hold them negligent if they don’t.

Leaving a trash can blocking the path violates Va. Code § 18.2-404, which makes it unlawful to obstruct the free passage of other persons in a public way.

Fairfax County mandates that wheeled carts be pulled off the curb or sidewalk by 6 p.m. on collection day—my photos showed the can sat there for three days.

Bicycles are expressly permitted on Fairfax sidewalks (Va. Code §§ 46.2-903 and 46.2-904), with the same rights and duties as pedestrians; no one expects a rider to dodge a hidden hazard someone else left behind.

Please be aware of these laws before leaving your carts in the way. You might not always run into someone as level-headed as me.

Are they time-lapse photos taken over three days? At any rate, if you were able to take photos of them, they were not hidden. Your level-headedness is debatable, but not worth debating.

[Anonymous]

Anonymous wrote:I am really sorry about your son, but this is 100% on him. Accidents happen. I hope he heals quickly

+1 and say nothing to your neighbor. Trash cans are not invisible.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Thank you all for weighing in. I’m not asking for reimbursement or to make anyone pay—I just want to share the laws my attorney friend sent over after we discussed this:

Sidewalks are public rights-of-way. Under Va. Code § 15.2-2009, Fairfax County can require any property owner to remove obstructions and hold them negligent if they don’t.

Leaving a trash can blocking the path violates Va. Code § 18.2-404, which makes it unlawful to obstruct the free passage of other persons in a public way.

Fairfax County mandates that wheeled carts be pulled off the curb or sidewalk by 6 p.m. on collection day—my photos showed the can sat there for three days.

Bicycles are expressly permitted on Fairfax sidewalks (Va. Code §§ 46.2-903 and 46.2-904), with the same rights and duties as pedestrians; no one expects a rider to dodge a hidden hazard someone else left behind.

Please be aware of these laws before leaving your carts in the way. You might not always run into someone as level-headed as me.

Are they time-lapse photos taken over three days? At any rate, if you were able to take photos of them, they were not hidden. Your level-headedness is debatable, but not worth debating.

My photos are time stamped and the schedule of the trash day is 3 days before

[Anonymous]

And when the lawyer points out that trash cans are not invisible and your child was 12 and should have known better, or been supervised?

[Anonymous]

Anonymous wrote:

Anonymous wrote:I agree that my child should have seen the trashcan, but under Virginia law the real liability lies with the neighbor who left it blocking the sidewalk for over three days. Property owners must remove their carts promptly, and leaving one in the middle of a public walkway creates a clear hazard.

Furthermore, Virginia’s contributory-negligence rules protect children under 14: those under seven cannot be held negligent at all, and children aged seven to fourteen are presumed incapable of contributory negligence unless it can be proven they knew of and disregarded a risk.

My point is, shouldn’t the neighbor also learn a lesson about keeping the sidewalk clear?

Kids do stupid things. I would absolutely NOT say anything to the neighbor because it would send the wrong message to my kid. I would want my kid to understand that when he is operating a vehicle, he is responsible for steering around obstacles. If he STILL feels wronged, HE should be the one to talk to the neighbor.

In my house the 10 year old is responsible for bringing in the trash can. So he is incapable of contributory negligence. Maybe your neighbor’s kid didn’t do her chores.

[Anonymous]

Anonymous wrote:Thank you all for weighing in. I’m not asking for reimbursement or to make anyone pay—I just want to share the laws my attorney friend sent over after we discussed this:

Sidewalks are public rights-of-way. Under Va. Code § 15.2-2009, Fairfax County can require any property owner to remove obstructions and hold them negligent if they don’t.

Leaving a trash can blocking the path violates Va. Code § 18.2-404, which makes it unlawful to obstruct the free passage of other persons in a public way.

Fairfax County mandates that wheeled carts be pulled off the curb or sidewalk by 6 p.m. on collection day—my photos showed the can sat there for three days.

Bicycles are expressly permitted on Fairfax sidewalks (Va. Code §§ 46.2-903 and 46.2-904), with the same rights and duties as pedestrians; no one expects a rider to dodge a hidden hazard someone else left behind.

Please be aware of these laws before leaving your carts in the way. You might not always run into someone as level-headed as me.

The hidden hazard being the large trash can?

[Anonymous]

OP you took photos of the offending can for three days before the accident?

You had it in for the neighbor didn’t you? But it turned out your kid got hurt.

Why didn't you move the can off the sidewalk during those days? If you glad, no bike accident.

Mic drop.

[Anonymous]

Anonymous wrote:Thank you all for weighing in. I’m not asking for reimbursement or to make anyone pay—I just want to share the laws my attorney friend sent over after we discussed this:

Sidewalks are public rights-of-way. Under Va. Code § 15.2-2009, Fairfax County can require any property owner to remove obstructions and hold them negligent if they don’t.

Leaving a trash can blocking the path violates Va. Code § 18.2-404, which makes it unlawful to obstruct the free passage of other persons in a public way.

Fairfax County mandates that wheeled carts be pulled off the curb or sidewalk by 6 p.m. on collection day—my photos showed the can sat there for three days.

Bicycles are expressly permitted on Fairfax sidewalks (Va. Code §§ 46.2-903 and 46.2-904), with the same rights and duties as pedestrians; no one expects a rider to dodge a hidden hazard someone else left behind.

Please be aware of these laws before leaving your carts in the way. You might not always run into someone as level-headed as me.

I don't think you really understand negligence. The standard isn't that a child can be negligent but basically asks if their behavior is reasonable for a 12 year old. Just plowing into a trash can isn't reasonable behavior for a much younger kid.

[Anonymous]

Anonymous wrote:It could have been a child he hit. You should feel grateful that he got off with a broken leg if he was riding with that little attention.

+1
Your child needs to be aware of surroundings bc that could just as easily have been a small kid or an animal. If he’s not responsible enough to be aware, then he shouldn’t be riding on the sidewalk. I also assure you that if your insurance thought there was any type of a case here, they would have already pursued it.

[Anonymous]

Anonymous wrote:Thank you all for weighing in. I’m not asking for reimbursement or to make anyone pay—I just want to share the laws my attorney friend sent over after we discussed this:

Sidewalks are public rights-of-way. Under Va. Code § 15.2-2009, Fairfax County can require any property owner to remove obstructions and hold them negligent if they don’t.

Leaving a trash can blocking the path violates Va. Code § 18.2-404, which makes it unlawful to obstruct the free passage of other persons in a public way.

Fairfax County mandates that wheeled carts be pulled off the curb or sidewalk by 6 p.m. on collection day—my photos showed the can sat there for three days.

Bicycles are expressly permitted on Fairfax sidewalks (Va. Code §§ 46.2-903 and 46.2-904), with the same rights and duties as pedestrians; no one expects a rider to dodge a hidden hazard someone else left behind.

Please be aware of these laws before leaving your carts in the way. You might not always run into someone as level-headed as me.

Sounds fake. You you are nuts if you monitor trash cans. Supervise your kids. Stop being lazy. You owe them a trash can replacement if it was damaged.