confussed

[fishingcinema]

i am having thoughts but not sure what to do


back at the end of april whilst shopping in asda my 2yr fell and split her forehead open on the break of the trolly we went to find a first aider asked one person and his response whilst standing there with my daughter with blood pouring out was why when a first aider came they said we needed to take her to the hospital then asked us to fill out names,addresses,telephone nums and said that someone would ring later that evening to check on her


so we rushed her down the hospital it was very sacry as she was drifting in and out we got there and had to wait to see the docs who said that she needed glue so she had that done and we came home she was very groggy for the next few days in the meantime no phone call to see how she was doing so i e-mailed asda to say i thought it was unfair that no one had phoned when they said they would to check if she was ok they then sent me a voucher for £20 and a few days later someone called to check on her

she has been left with a scar on her head and am now considering a no win no fee but am not too sure wether to or not really confussed :confused:

[melancholly]

i guess it depends whether your daughter just fell or whether asda can be at fault..... i don't think you can get money for them for not phoning!

i'm quite anti this sue for all you can get thing in general, but as it's a 2 year old with a scar, i understand why you are considering it!

[fishingcinema]

lol thanks for the responce im not considering it because they did not call but as she is going to be left with this scar on her forehead i can not 100% hand on heart say wether or not she slipped or fell it all happened so quickly thats why im in 2 minds about doing this

[sallyrsm]

Personally I wouldn't even bother. You yourself don't know how she fell, so how you can claim ASDA are culpable I don't know. I work for a solicitor and nobody at my firm would touch it. Just because she cut her head on their trolley doesn't make it their fault. If the floor had been wet or greasy then yes... I don't even think a no win no fee firm would take it on.
My advice would be to buy some bio-oil with the voucher they sent you and hope the scar fades with time - they normally do....

[Savvy_Sue]

I agree it's worth trying bio-oil, but also how bad, honestly, is the scar?

And can you try not to make a big deal of it for your daughter?

Because if you don't, she won't. And if you do, she may end up very self-conscious about it.

DS1 put his head through a pane of glass when he was two. He had stitches (and we had to wait ages for them because they insisted on getting a cosmetic surgeon into casualty to do them). It looked dreadful for a while, even after the stitches were out, but you could hardly see it after a year.

[melancholly]

i can not 100% hand on heart say wether or not she slipped or fell it all happened so quickly thats why im in 2 minds about doing this
i think that means that winning any legal action will be very very difficult.....maybe not worth it...... i think you would need to be certain that they were to blame to get anything

[Toothsmith]

As far as I can see, Asda acted perfectly correctly.

They didn't ring you to check on your daughter, but did it ever occur to you to ring up Asda and thank them for having a well trained first aider to hand, and such a good response in a distressing situation?

In another few years the scar will be invisible.

I can't see any of the childhood marks I received, and I had a few!! But those were in the days when I was just told not to muck about, and to be more careful in future. If it had happened to me - my Mum would probably have sent me down to Asda with a mop and bucket afterwards to clean up my messy blood for them - not consider suing them! :D