Marion Hedges was with her 14-year-old son on the ground floor of an East Harlem garage when a shopping cart fell four stories crashing on top of her.
Hedges was critically injured and remains unconscious at a Harlem Hospital, reports the New York Post. Her son was not injured.
A 12-year-old boy later confessed the crime to a police officer, and he and a friend were both arrested, reports the Post. The two pre-teens have been charged as juveniles for assault and criminal possession of a weapon. Their parents could also face liability under New York parental liability laws.
Apparently, the two boys got the bright idea to shove a shopping cart off the fourth floor of the East River Plaza garage on 116th Street. It's not clear if they intended to hit Hedges or her son.
As the boys sort out their criminal issues, the parents of the two 12-year-olds should be worried about a personal injury lawsuit.
While someone is usually liable for their own actions, parents of minors may be held responsible for their children's bad acts.
In New York, a parent of a minor may be liable for the willful and malicious acts of their children. Parents can be liable for up to $5,000 in damages, though the amount of damages can be mitigated by the financial situation of the parents.
Two boys threw a shopping cart down a four-story garage critically injuring Marion Hedges. For the act, the two boys face criminal charges, and their parents could face civil liability under New York parental liability laws.
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