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

[Anonymous]

I will tell you one thing. We own a beach house and they find people for leaving the trash cans out past one day. They should do that here because obviously it's hurting children

[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

Yes, the law says that if you are under 7, you cannot be negligent. OP's kid is not under 7.

Of course if your 7 year old who can't see or steer is out riding a bike and breaks a leg, that's probably parental negligence, not so much neighbor negligence.

Of course the neighbor should put away the trashcan. Those of us who use wheelchairs or have loved ones who use wheelchairs can tell you how frustrating blocked sidewalks are. But the trashcan was not what caused the accident. Riding out of control caused the accident.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Something about this story doesn’t add up.

Your son was legally allowed to bicycle on the sidewalk? Check.
Neighbors left their can on the sidewalk? Check.
WHY didn’t your son avoid the trash can? He needs glasses or he was riding too fast to stop? Or something else entirely?

The fact is, your kid will be driving a car in a few years. Avoiding obstacles that could cause an accident should be an obvious responsibility.

I have a 12 year old. He either wasn't paying attention or going too fast that when he tried to swerve at the last minute, he lost control of the bike. My bet is going too fast. Its been a common complaint on our town's Facebook page about kids going so fast on their bikes that they can't safely avoid anything that gets in their path.

I'm confused because I was an idiot kid who rode too fast on the sidewalk. You just... go on the grass? Does this kid not know how to ride his bike?

That's probably the problem. He goes too fast for his ability. If you can go fast and maneuver your bike around a trash can, you're fine. If you end up breaking your leg because you can't avoid a trash can, you need to ride much slower. I'd be more sympathetic if it was a hose or a rake or something low to the ground. But come on OP. Don't be THAT parent.

This is interesting. These are a lot of maybes maybe this. Maybe that maybe whatever I think that would op is noting is that the evidence shows trash can and sidewalk trial and that's the you know requirement of actual proof. There's no way to prove someone was going too quickly or not without having some type of odometer which I doubt op's child had. And even then I believe the law in Virginia states you have to be under 20 mph. Or maybe it's some subjective based upon what is safe. But I believe 20 mph and I doubt that op's child was going 20 mph on the sidewalk as a 12-year-old

Too fast for their own ability. I don't even know what your post was trying to say. No one is going to court over this. No one needs to prove anything about speed. It has nothing to do with any law. If he can't avoid an object as large as a garbage can then he is going too fast for his own ability.

[Anonymous]

Um. Open and obvious.

[Anonymous]

Anonymous wrote:

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

+1 The fact that OP is even asking though...

Anything to avoid having to have her kid have any responsibility for his own actions.

[Anonymous]

My kid broke his arm running on a sidewalk that was uneven. I never once thought of implicating the neighbor…and I’m a lawyer…and I’ve had uneven sidewalk injury cases in the past.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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

Sure but this is one of those things you just....let go. OP should not approach the neighbor. OP should not try to blame the neighbor. OP should not try to sue the neighbor. Just let it go.

Well let's think about this. Maybe the neighbor didn't think much of leaving a trash can out after trash pickup. Maybe the neighbor didn't even know that the trash company left the trash can on the sidewalk blocking everything. But at the very least, if a neighbor came to me and said hey, my kid broke his leg swerving past your trash can. I would. I would want to keep my trash can off the sidewalk as soon as possible so I think that is also important. But anyways I am not involved in this. I'm just thinking of this as a third party that there is some problems with the neighbor leaving their trash can out and in fact I believe it's illegal

I would say, oh that's awful, but how did he manage to run into the trash can? Was he not looking?

Let it go, OP.

[Anonymous]

Anonymous wrote:If you want to create a community campaign about sidewalk safety and sharing the space - go to town. You can have your child make up flyers and distribute them to neighbors as a summer activity.
If you want to teach your neighbor a lesson - do it. You do not need DCUM to validate the laws on the books.
I am a believer of what comes around goes around and I assume that you always obey the rules and have read every regulation.

+1 seriously. Does OP never double park, go above the speed limit? BTW, I hate doubleparkers.

I honestly cannot believe someone would actually think of suing a neighbor for this. Yea, the insurance company would pay, but their premium would go up.

OP is a karen.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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

Sure but this is one of those things you just....let go. OP should not approach the neighbor. OP should not try to blame the neighbor. OP should not try to sue the neighbor. Just let it go.

Well let's think about this. Maybe the neighbor didn't think much of leaving a trash can out after trash pickup. Maybe the neighbor didn't even know that the trash company left the trash can on the sidewalk blocking everything. But at the very least, if a neighbor came to me and said hey, my kid broke his leg swerving past your trash can. I would. I would want to keep my trash can off the sidewalk as soon as possible so I think that is also important. But anyways I am not involved in this. I'm just thinking of this as a third party that there is some problems with the neighbor leaving their trash can out and in fact I believe it's illegal

I would say, oh that's awful, but how did he manage to run into the trash can? Was he not looking?

Let it go, OP.

My teen broke a bone at his friend's house doing something fairly stupid and that was pretty much my reaction. I even said "how on Earth did you manage to do this?" And when he told me I couldn't help but say "well that was pretty dumb". Someone asked me if I was going to sue them and I thought they were nuts! And no my insurance company never even asked questions

[Anonymous]

Anonymous wrote:

Anonymous wrote:If you want to create a community campaign about sidewalk safety and sharing the space - go to town. You can have your child make up flyers and distribute them to neighbors as a summer activity.
If you want to teach your neighbor a lesson - do it. You do not need DCUM to validate the laws on the books.
I am a believer of what comes around goes around and I assume that you always obey the rules and have read every regulation.

+1 seriously. Does OP never double park, go above the speed limit? BTW, I hate doubleparkers.

I honestly cannot believe someone would actually think of suing a neighbor for this. Yea, the insurance company would pay, but their premium would go up.

OP is a karen.

And OP would become a social pariah. Because I would never let my kid play with theirs because I would be too worried he would trip at my house or something and next thing you know, I'm getting sued.

[Anonymous]

Anonymous wrote:I will tell you one thing. We own a beach house and they find people for leaving the trash cans out past one day. They should do that here because obviously it's hurting children

Haha

[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!

You're torn? How will your poor kid learn to accept responsibility for his actions?

[Anonymous]

Anonymous wrote:My kid broke his arm running on a sidewalk that was uneven. I never once thought of implicating the neighbor…and I’m a lawyer…and I’ve had uneven sidewalk injury cases in the past.

I’ve had the same injury and it was clearly my fault for not paying attention.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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

Sure but this is one of those things you just....let go. OP should not approach the neighbor. OP should not try to blame the neighbor. OP should not try to sue the neighbor. Just let it go.

Well let's think about this. Maybe the neighbor didn't think much of leaving a trash can out after trash pickup. Maybe the neighbor didn't even know that the trash company left the trash can on the sidewalk blocking everything. But at the very least, if a neighbor came to me and said hey, my kid broke his leg swerving past your trash can. I would. I would want to keep my trash can off the sidewalk as soon as possible so I think that is also important. But anyways I am not involved in this. I'm just thinking of this as a third party that there is some problems with the neighbor leaving their trash can out and in fact I believe it's illegal

I would say, oh that's awful, but how did he manage to run into the trash can? Was he not looking?

Let it go, OP.

My teen broke a bone at his friend's house doing something fairly stupid and that was pretty much my reaction. I even said "how on Earth did you manage to do this?" And when he told me I couldn't help but say "well that was pretty dumb". Someone asked me if I was going to sue them and I thought they were nuts! And no my insurance company never even asked questions

+1

Or sometimes weird accidents happen as well. My teen DS sliced his leg open (needed 18 stitches) after tripping on the stairs at school. Somehow just landed the right way or something. Typical/standard outdoor set of stairs. Sh!t happens. Not everything is someone else’s fault (or anyone’s fault).

[Anonymous]

You need to replace the trash cans and supervise better.