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Daughters had an Accident on Friends Trampoline!!! Now What???
loobylou2
Posts: 816 Forumite
Hi Everybody
Sorry for the length of this post but I could really use some advice. I have 3 children aged 11, 9 and 3 and on Friday evening my youngest daughter (3) managed to fall out of the net opening on a trampoline belonging to one of my friends which had been left unfastened. It was an accident but it has left some nasty consequences. My daughter ended up breaking both her forearm and her elbow on her right arm ( she"s right handed as well) she has had to have an operation and wires put into her arm and was in hospital until yesterday lunchtime, she has to go back to the fracture clinic on wednesday and will need another operation in about 4 weeks time to remove the wires. The surgeons are saying that her arm is in a real mess and that there could be some long term damage. As if all this wasn"t bad enough I"m now being pressured by some of my relatives to sue my friend via her household contents insurance policy for personal liability because my daughter had the accident on her trampoline!!! My friend was actually doing a favour for my OH when he left my daughter with her, because I work he'd come to the train station to collect me and left my daughter with my friend because she was tired and he was worried that she"d fall asleep in the car and then be in a bad mood when she woke up!!!! We"ve done this lots of times previously without problem and I now feel absolutely dreadful about the entire thing, its bad enough that my daughter has been so badly hurt but the thought of having to sue my friend makes me feel sick although I realise I"ve got to put my daughters interests first and that my friend could be said to have been negligent because she didn"t make sure the trampoline opening was fastened and wasn"t supervising the children. She was previously a registered childminder as well which makes matters worse!!! Has anyone else ever been in this sort of situation and how did you cope??? I feel absolutely torn and am being pressured by my parents to sue my friend.
Sorry for the length of this post but I could really use some advice. I have 3 children aged 11, 9 and 3 and on Friday evening my youngest daughter (3) managed to fall out of the net opening on a trampoline belonging to one of my friends which had been left unfastened. It was an accident but it has left some nasty consequences. My daughter ended up breaking both her forearm and her elbow on her right arm ( she"s right handed as well) she has had to have an operation and wires put into her arm and was in hospital until yesterday lunchtime, she has to go back to the fracture clinic on wednesday and will need another operation in about 4 weeks time to remove the wires. The surgeons are saying that her arm is in a real mess and that there could be some long term damage. As if all this wasn"t bad enough I"m now being pressured by some of my relatives to sue my friend via her household contents insurance policy for personal liability because my daughter had the accident on her trampoline!!! My friend was actually doing a favour for my OH when he left my daughter with her, because I work he'd come to the train station to collect me and left my daughter with my friend because she was tired and he was worried that she"d fall asleep in the car and then be in a bad mood when she woke up!!!! We"ve done this lots of times previously without problem and I now feel absolutely dreadful about the entire thing, its bad enough that my daughter has been so badly hurt but the thought of having to sue my friend makes me feel sick although I realise I"ve got to put my daughters interests first and that my friend could be said to have been negligent because she didn"t make sure the trampoline opening was fastened and wasn"t supervising the children. She was previously a registered childminder as well which makes matters worse!!! Has anyone else ever been in this sort of situation and how did you cope??? I feel absolutely torn and am being pressured by my parents to sue my friend.
loobylou2.Proud to be dealing with my debts and aiming to sort out the mess in 2013!!!!:eek:
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Comments
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Wow I think you need to tell everyone to back off
I think its appalling these days that so many people want to go down the sue route!
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I am so sorry to hear about your daughter, it must be awful for you and her. I hope she is ok in the end.
I have to say, absolutely do not sue. It was an accident and she was doing you a favour. I think this whole sueing culture we are developing is awful - and is the sort of thing that is leading to people being afraid to look after other ppl's kids. At the end of the day accidents happen and we need to accept that.0 -
Don't usually reply on these boards, but can't believe this post! Have you never heard of an accident? Kids will be kids, and yes it was an accident, but the woman your friend was doing you a favour. I hate all this "sueing" for personal liability - especially from a friend who hasn't done a thing wrong!
I fell off my bike in my friends garden and split my arm open with lasting damage. I fell off, MY bike. It was an accident, I didn't sue my friends!!!!!! They have nothing to be liable for.
Switch it around and think how you would feel. You'd be appalled that your friend wanted to sue you and you'd never do ANY favours for anyone again.
"this bl00dy country"
:ABeing Thrifty Gifty again this year:A
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It is a question for yourself.
Do you think your friend acted irresponsibly?
Is it going to make your daughter's arm better?I used to be indecisive but now I am not sure.0 -
Thats what I think as well tbh but my parents are now saying that if I don"t sue they will!!! Its an awful situation to be in. I don"t want to end up taking legal action against my friend even though I can see my parents point of view and that they are worried about the long term consequences of this for my daughter. Yes my friend should have been watching the children but it was an accident!!!! I"m really stuck..loobylou2.Proud to be dealing with my debts and aiming to sort out the mess in 2013!!!!:eek:0
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What a situation! However, you have answered your own question. 'the thought of having to sue my friend makes me feel sick' . So yes, your friend was negligent, but also your friend. Why should you sue her if you don't want to? You are a grown up, resist your parents' pressure. Would your three year old really feel better if you sued your friend? There is no need to make a horrid situation worse if you don't want to. I hope your daughter feels better soon.0
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Even if she had been watching, she couldnt have prevented it. Good luck to your parents trying to sue. There is no way they will win because you didn't pay the woman to look after your child.Thats what I think as well tbh but my parents are now saying that if I don"t sue they will!!! Its an awful situation to be in. I don"t want to end up taking legal action against my friend even though I can see my parents point of view and that they are worried about the long term consequences of this for my daughter. Yes my friend should have been watching the children but it was an accident!!!! I"m really stuck..
Tell your parents to back off!!! It is nothing to do with them! Would they have sued you if it had happened in your garden?
I'm sorry for your little one, but just because it may have long term damage there can't just be "blame" placed.
I bet your friend feels awful about it,I know I would.
:ABeing Thrifty Gifty again this year:A
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I'm afraid that I tend to think that accidents will happen and are an unfortunate but unavoidable part of everyday life! I would never dream of suing a friend for a trampolining accident - you knew she had a trampoline and that your daughter would play on it - we can't wrap our kids in cotton wool and tell them to be more active on one hand, but not to bounce around on a very exciting looking toy on the other. Also, do you really want your daughter to think we live in a blame culture where we 'make people pay' whenever something doesn't go to plan?
Having said that, I hope your daughter isn't feeling too much pain and I wish her a very speedy recovery.
(everything sounded much clearer in my mind until I started typing - Monday morning caffeine deficiency I'm afraid!).0 -
I am really sorry for the pain your daughter is experiencing and the anguish this causes you as a parent, BUT, ...accidents happen.
Do you really want to destroy a friendship (and I imagine your friend is already feeling dreadful) - some things are far more important than money!! E.g good friends who will look your children at the drop of a hat.
Suppose it had happened the other way round? 'Do unto others...' always strikes me as a pretty good motto.
This litigous attitude really distresses me - soon all our children will be totally cocooned in our homes in case an accident happens.0 -
Hi,
Well I am sorry but your parents are being beyond ridiculous, they can't sue, only you can sue on behalf of your daughter. Which you shouldn't by the way, it would be an insane thing to do - it was an accident, these things happen. Are you a genuine poster or a troll? I can't believe this is real......I really can't.
Z0
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