Mr. Tyrie “correctly notes that infants under the age of 4 are conclusively presumed incapable of negligence,” Justice Wooten wrote in his decision, referring to the 1928 case. “Juliet Breitman, however, was over the age of 4 at the time of the subject incident. For infants above the age of 4, there is no bright-line rule.”
Justice Wooten has ruled not that the children were negligent, but that 4-year-old children are legally capable of negligence. Moreover, being under the watchful eye of an adult does not diminish their accountability.
Alan Feuer of The New York Times has more: Link
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