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A child's failure to wear a helmet while roller skating cannot be used against him in his suit against the driver who struck him, but can be used as a defense to his parents' derivative claim, a New York judge has ruled. Though the boy's claim is specifically protected by the statute requiring a helmet, the judge ruled the law does not provide similar safeguards for the parents and should not. The court said "its examination of the implicated statutes is essentially one of first impression."
October 11, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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