The parents of a four-year-old boy who died in California have filed a wrongful death lawsuit naming an 11-year-old boy as a defendant over an e-bike crash.
On 8 August 2024, an e-bike ridden by the 11-year-old and his 10-year-old sister collided with the back of an SUV as it was exiting a car park in Burlingame, near San Francisco. The 19-year-old driver accidentally accelerated after the impact, and the vehicle went over a kerb on the other side of the road, striking Ayden Fang, who was playing outside. He was pronounced dead at the scene.
Prosecutors decided not to press charges, but Ayden's parents have brought a civil case against the driver, the e-bike rider, both sets of parents, and the city of Burlingame. While suing a child is unusual, it is not prohibited under California law, which has no universal minimum age for negligence. Under the state's 'Rule of Sevens', children under seven are presumed incapable of negligence, while those between seven and 14 are presumed capable, though that presumption can be challenged. A personal injury lawyer told the San Francisco Chronicle she was unaware of any successful claim against a child as young as 11, though some may have been settled privately.
The lawsuit alleges the 11-year-old was riding an e-bike below the manufacturer's recommended minimum age of 12, and accuses his parents of negligence for permitting him to ride in traffic. It also claims the SUV driver, who had only recently obtained her driving licence, was taking medication that may have impaired her judgement. The city of Burlingame is accused of failing to address safety concerns at the site, including poor visibility, despite receiving nearly a dozen complaints about the layout of the car park in previous years.
Ayden's father, Ming Fang, said the legal action aimed to secure accountability and improve pedestrian safety. 'It pains me to think about Ayden's smile, his hugs and his kisses,' he said. 'But we hope this litigation will help make sure another family does not suffer the same unimaginable pain.'
