Man sues 10 year child when he runs into her bicycle

April 17, 2018, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

There was an interesting case heard before the B.C. Supreme Court recently. It involved a jogger and a group of children on bicycles. The jogger was hurt when he ran into a 10-year child’s bike and he sued. He lost.

Mr. Rosario Perilli was injured in August 2014 when he was out running on a sunny day on a familiar route in his neighbourhood. He came across three children who were riding abreast on the side of the road with a sidewalk, and he was injured when he ran into the back tire of the girl’s bike.  He sued the child and her grandparents on the basis that they did not teach her to properly ride her bike in a safe manner. The judgement releases the child and her grandparents from liability.

The child was cycling along side her two friends – two kids were on the sidewalk and the girl was on the road. They were all riding against the traffic. Mr. Perilli was running faster than the kids were cycling.  And tried to pass by them. The girl testified that she saw the jogger who tried to run past her and she moved closer to the curb to let him run by. She then lost sight of him and moved back away from the curb. It was at that point when Mr. Perilli hit her back wheel and fall.

Mr. Perilli’s injuries included a severely injured shoulder that required surgery.

In Court Mr. Perilli alleged that the girl was cycling without care, changing directions without signalling, cycling on the wrong side of the road, cycling carelessly or recklessly, failing to maintain adequate lookout, and failing to take action to avoid a collision.

Mr. Justice Dley reviewed the facts of the case and the law and determined that the girls was bound to obey the rules of the road. The girl was not on the sidewalk, she was not riding abreast on the road, the girl did move toward the curb to let Mr. Perilli pass and she was not required to make a hand signal in this case. The only question that Justice Dley was left to consider was whether the girl breached her duty to ride as close to the right side of the road as possible, and whether that breach contributed to the accident in a way the was liable in negligence.

Justice Dley noted that the child was a 10-year old girl who cannot be held to the standards as an adult. She did look twice to see if Mr. Perilli was there. Justice Dley also wrote that “A momentary lapse in awareness may be expected from children; such a lapse does not result in a finding of liability.

The lawsuit was dismissed with costs.

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

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