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

[Anonymous]

I’m more worried about how bad your kid is at riding a bike. Time for remedial training.

[Anonymous]

Anonymous wrote: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.

They probably did it on purpose to sue.

[Anonymous]

Anonymous wrote:

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.

And the defense attorney would have absolutely pointed it out. A trash can isn't a hidden trap, it's a large object. A kid unable to see and stop for large objects on the sidewalk is a risk to others.

[Anonymous]

Anonymous wrote:I think that the real problem here is everyone knows the kid was wrong but no one's reading the law. Apparently the law states that if you are under a certain age, you cannot be negligent because it's assumed that you do not have negligence from the law. So please read the law and then also does this this guy's wonderful neighbor left a trash can out for 3 days in the middle of the sidewalk. So let's put some blame on the neighbor as well. At the very least the neighbor should put away the trash can at least at the end of the day. Not wait 3 days. Are any of you abreast to the laws of Virginia? Because apparently it's very clear based upon this research from this post I was confused as well and totally thought this person's kid is at fault but apparently the laws in Virginia say otherwise

No it’s not bc if you read and apply the law, clearly the kid was capable of knowing the risk. You could not argue a 12 year old didn’t know the risk of riding into a trash can.

[Anonymous]

Anonymous wrote: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.

Huh? You take pictures the day the cans are out and subtract the number of days since trash pickup .

[Anonymous]

Did you really just call a trash can sitting on a sidewalk a hidden hazard?

[Anonymous]

This sounds so fake, but the few yards on the other side of the trashcan is probably still city property, just push it a few feet out the way and off the sidewalk if it bothers you so much.

[Anonymous]

If we saw our neighbors trash cans out after trash day, we’d put them back for them. And when our son was 12, we’d send him over to put them back. Maybe try that next time.

[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.

The hidden hazard being the large trash can?

Now we know OP has a screw loose!

[Anonymous]

Your kid doesn't sound mature enough to be on a bike unsupervised. If he hit a trash can I can only imagine what he would do to a pedestrian. Woukd you want that pedestrian suing you?

[Anonymous]

OP, Congratulations! You've done the nearly impossible. You've made all the posters on DCUM agree! Everyone is unanimous that you shouldn't blame the neighbor, sue the neighbor, or file a report with the county about the neighbor.

[Anonymous]

Post again having read more....

If i were another neighbor and knew about your approaching the first neighbor with that request I woukd purposely leave balls, tricyles, scooters and toys on the sidewalk.

[Anonymous]

Anonymous wrote:If your 12 year old can't avoid a stationary trash can on a sidewalk, the they should not be riding their bike in public alone. This is a very ordinary thing to happen and is completely expected. It could have been a stroller, pedestrian, dog - all of which would be moving and more difficult to avoid.

+1 your post makes no sense OP, sorry.

[Anonymous]

Maybe your son needs glasses.

[Anonymous]

I will repeat the advice I gave my kids when they were learning to ride a bike: go that way, if something gets in your way, turn. Problem solved.

Also, maybe ride the bike with your kid because you clearly need a hobby.