For toddlers who make mistakes, punishment in a time out chair is relatively standard. Yet, according to the judicial system, a four-year-old can actually be sued.

In 2009, preschoolers Juliet Breitman and Jacob Kohn were racing their bikes down a sidewalk in New York when they accidentally slammed into 87-year old Claire Menagh. The collision fractured the woman’s hip. Yet, despite surgery, she passed away three months later. The official cause of death was not made clear in the article, but Ms. Menagh’s estate proceeded to sue the children and their parents for negligence. In response, James P. Tyrie, Juliet Breitman’s attorney, fought back stating it was unlawful. He argued:

. . . the girl was not ‘engaged in an adult activity’ at the time of the accident — ‘She was riding her bicycle with training wheels under the supervision of her mother’ — and was too young to be held liable for negligence.. . ’Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence.’

Justice Paul Wooten of the State Supreme Court in Manhattan, who was overseeing the case, upheld the proceedings despite Tyrie’s argument that the children were too young to be sued. Turns out, children under the age of four are considered incapable of negligence, but since Breitman and Kohn were over the age limit at the time of the accident the lawsuit is viable.

There’s no denying that at some point a person must be able to accept responsibility for their actions. The question is whether or not a definitive line can be drawn based on age? Some would say yes. Others would disagree. Regardless, unlike children who lack full authority, setting limits based on time rather than skill level can be dangerous in the workplace. Withholding employee responsibility for too long does more than diminish motivation—it weakens confidence.

That is why The Methodology Blog encourages its readers to empower their stakeholders through knowledge, authority and responsibility. After all, providing employees with the freedom to analyze and implement business processes achieves the most powerful method for improving productivity and satisfaction in the office. Consider reaching out to Slaughter Development to learn more. We guarantee we can help create an environment with limitless possibilities.

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