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 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 [b]unless it can be proven they knew of and disregarded a risk.[/b]

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

If you have a photo of the trash can, presumably it was visible, which would go a long way toward proving that your kid knew of and disregarded the danger.  Trash cans aren't small.

But more importantly, you are looking for self-described "small" copays and something for pain and suffering?  If I were the neighbor, I'd tell you to eff off, and sue me.  You'd likely lose, but even if you won, you won't get anything substantial in pain and suffering, as long as anyone rational is on your jury.  And you'll become a pariah in your neighborhood.  You'll be a laughingstock if you even ask, but if you go so far as to sue, people will avoid you like the plague, and ridicule you behind your back.  I know your and your family wouldn't be welcome on my property - ever.  Don't do that to your kid.  [/quote]

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