Kurt Erlenbach

It's Florida, of course.

"A South Florida woman denies she is suing an 8-year-old girl over a scratch -- but the girl's family says that's "basically" what Brittany Glaid is doing.

Little Jennifer Lilly was riding her bicycle in her gated Pembroke Pines neighborhood when, WSVN reports, she rounded a corner to find Glaid's parked car blocking the sidewalk. The girl crashed into the vehicle, leaving a scratch that will cost $200 to fix.

"I went and I told the neighbors," Jennifer explained to WSVN. But the neighbors in turn called the police, who reportedly faulted Jennifer alone for the damage. "

Paul Barnard

Who should pay for the repair?

K'Tesh

I can only hope that if the owner of the car sues the 8-year-old, that the kid and her father counter sue for the driver blocking the sidewalk and legal fees. IMHO, driver wasn't parked where they belong, doesn't matter who hit the car, Driver's fault 100%. Had the child been forced into the street because of the car obstructing the sidewalk, and hit by a passing car, again Driver's fault.

BTW, the driver's lucky I wasn't there... I've got a history of having cars on sidewalks cited and in one case TOWED.

Kurt Erlenbach

The car was blocking the sidewalk making the owner at least partly at fault. In Florida, a child older than 6 can be sued for negligence, but collecting would be tough. The only way the child's father is liable is if he negligently supervised the child, resulting in the child crashing into the car. No indication of that from the stories. So, as a legal matter, it's a split between the child, who has not been sued and from whom money cannot be collected, and the owner who parked on the sidewalk.

So, the car owner should pay. That's the price of living in a community with other people, especially children.

kuan

If the kid had gotten hurt the Dad would have had a good chance at suing the car's owner.

Paul Barnard

Is it legal to ride a bike on the sidewalk there? I just have a hard time not finding fault with anyone who hits a parked object. If an adult had hit the parked car would you feel the same way?

Mos6502

It is legal to ride on sidewalks in the state of florida.

And if the car had not been on the sidewalk in the first place... no child riding on the sidewalk would have run into it.

Paul Barnard

Is it illegal to park in your driveway where a portion of your car blocks the sidewalk?

Mos6502

Was the car in a driveway?

Paul Barnard

I have no idea, but when I picture cars in residential neighborhoods blocking the sidewalk, in my mind it's parked in a driveway. 9 times out of 10 that's the way I see it in the neighborhood I live in and the ones I pass through.

bikecrate

Gated communities are a whole other animal when it comes to rules and laws.

But really...you live in a gated community and you’re going to sue a little kid for $200. It doesn't seem worth it to me.

Mos6502

In most neighbourhoods parking a car partially overhanging a sidewalk will get you a citation (or towed) if anybody complains about it. People in wheelchairs can't exactly curb hop to get around such obstructions.

Kurt Erlenbach

The video attached to the story shows the car parked in a driveway, with the front door over the sidewalk and the bumper extending into the street. The video actually is pretty good at explaining the facts and the legalities.

Paul Barnard

As a point of clarification, the girl is not being sued. Unless it is illegal in that jurisdiction for the car to have been parked where it was, then I would side with the car owner. If it is illegal, the car owner can pack sand, but dad needs to have a discussion with little Jennifer about situational awareness and riding within her line of sight. It could have just as easily been an elderly woman stopped in her wheelchair or a mom tending a baby in a stroller that little Jennifer hit.

Kurt Erlenbach

Here's my favorite comment on the TV's website" "I didn’t say she could not ride her bike. Just don't drive into the side of a giant car right in front of you. Maybe the father should have been giving her riding lessons instead of sitting on the couch. Another thing was she even wearing a helmet? I bet not based on the parent’s lack of supervision. All this being said she will win this in court for sure. I hope she sues for all of her attorneys fees as well."

rydabent

The stupid twit blocks the sidewalk and then sues??? The father should tell her it is a learning expierence, and she can fix her own car!!!!!

Commodus

Er...you're siding with the car owner over the 8 year old girl?

Really? Over a scratch?

dynodonn 

Oh yeah, some people have some serious tunnel vision when it comes to their personal motor vehicles.

SkippyX

Awww....

Did someone's widdle Wexis get an iddy-biddy scratch?

Paul Barnard

If the law allows the car to be parked where it was I would side with the car owner. Little Jennifer needs to learn at an early age to watch where the hell she is going. She's lucky she didn't mow down a toddler being walked by his mother.

Commodus

I'm trying to imagine how suing children results in improving their cycling skills.

I guess you think she's going to put it all together in her head like this: "gee, $200 is a lot of money. I should immediately enroll myself in a cycling training institute, and dedicate myself to practicing these skills."

Yea, that totally sounds like the 8 years olds I've known.

Paul Barnard

I must have missed where an 8 year old is getting sued. Are we talking about the same story?

Commodus

Is this the part where you realize your position is absurd and resort to ridiculous obfuscation?

Paul Barnard

I am dealing with the reality of the situation. An 8 year old's father is being sued. I am a parent. Had my child damaged a legally parked car riding her bike, there would have been no suit. I would have paid for it. If the car wasn't legally parked, just as I said earlier, the car owner can pack sand, but dad still needs to have a safety discussion with little Jennifer. Just how is that absurd?

SteamingAlong

I'd agree with you if the car was on the road or in a driveway or even a parking lot. In some states, it may be illegal to ride on the sidewalk, but I've never been to state where it was legal to either block or park a sidewalk.

Sidewalk = public right of way.
Sidewalk does not = private off road parking for the self entitled.