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

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

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[quote=Anonymous][quote=Anonymous]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[/quote]

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.[/quote]

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