Daughters had an Accident on Friends Trampoline!!! Now What???

amersall

doesnt matter if your parents sue without your involvement you will lose a friend. and i would have thought that they will not be able to sue because they are not the legal guardians. i hope your child gets better soon, but to echo a lot of people on here children will have accidents and no one is to blame

Batchy

Seriously if your friend has house insurance, then technically you will be sueing the insurance company not her, and she will probably understand this.

Im sure your daughter may have long term consequences, but accidents happen unfortunately. I mean was she letting her kids play on it as well?

Like most say, she was doing you a favour, obviously she must feel guilty as hell if she left something unfastened, but what a world we live in, when you cant leave your kids with a friend for fear of an accident and being sue'd... sure if you BEAT them... or POISON them... but when kids play, they have accidents.

My little neice, when she was very young, I was helping her to learn to walk and accidentally dislocated her arm from her shoulder, in trying to stop her falling over, someone else was holding the other arm. And we was in a room with ALL the family... I felt guilty as HELL , especially with her crying for 4 hours in Accident and emergency... but she pulled through fine, and my sister had to put up with visits from social services as result of MY actions. No i wasnt doing anything stupid, just the same as anyone else would have done, and my sister was watching and didn't offer any advice... nor did my mom.

If you was there ... would you have let her play on it? etc? have you in the past? was she doing anything you expressly forbid to happen?

If she hasnt been unreasonable and didnt have a duty of care... I don't really see what leg you have to stand on to be honest. but thats my opinion rather than stating English LAW

Batchy

also if she has no insurance and she has no ASSETS... or money... then you will get nothing anyway! just the loss of a good friend...

loobylou2

bestpud wrote: »

So they won't be visiting your daughter?

Will your friend be in touch by any chance?

No they won"t be visiting, they live 70 miles away and I probably wouldn"t have heard a peep out of them at all this week if I hadn"t felt that they had a right to know that she"d hurt herself and phoned to let them know. My friend will be in touch though as she lives just round the corner so I see her pretty regularly. Have made a decision though, my parents can do what they want but I am not going to take any kind of action against my friend. It wasn"t her fault that my daughter fell of the trampoline, it was just bad luck and I"m not in the business of blaming people for accidents. I remember about a year ago my son who is 11 had an accident at school and had to be rushed to hospital, we were still in A&E when someone suggested I should sue the school. I couldn"t believe it then pretty much in the same way that I can"t really believe my parents are telling me to sue my friend.

Any

And if she has insurance and you will sue her and the insurance company will pay out that is the end of the insurance for her... Because her premiums will go up and she might not be able to afford it.

You left your child with her. Your OH dropped her off to pick you up from the station - I don't suppose this was arranged and paid days in advance? You used her with no regards for her plans - maybe she didn't even have enough time on her hands for her own worries, but she still did it for you.

And how about you or your OH - did you ever have a talk with your daughter? "listen gorgeous, this thing is very dangerous, you should not go on it" or anything like that?

What if your friend needed to go to the loo and the children came out and in on the trampoline, she wouldn't even know they opened the net.

I can see where your parents are coming from. But they weren't there. They are not thinking straight. They are looking for someone to blame. But really, your friend has done nothing wrong.

notakid

Stop using your parents as an excuse. You do see poundsigns and you are tempted. Why not be honest?

Actually the same thing happened to my son some time ago, it was my uncles birthday and he had hired a large hall and garden and there was a trampoline for the children.

My parents took my son and another child pushed him off the trampoline and he shattered his elbow.

Would I have sued? Would I heck! It was an accident. My Uncle's kind intentions did not cause the accident. Accidents happen!

I knew I had a case and I had to take time of work and my son suffered. My parents did not realise how serious the accident was and did not take him to hospital, I did the next day when they called me panicking as the pain was increasing. I can not blame my parents I made the decision to put him in their care, they were trying their best. He is now okay and there is no lasting damage.

Stop being greedy and be thankful that your child will make a recovery, we do have a free health service you know.

Any

Aaaach, your parents don't even properly know your friend!!
I think they are just watching TV too much.

loobylou2

If you was there ... would you have let her play on it? etc? have you in the past? was she doing anything you expressly forbid to happen?

Yes, I would have let her play on it tbh, I wouldn"t have been able to stop her because she is 3 years old and has seen her older brother and sister using it and so naturally wants to copy them. Also, she has been on it before. I would have been watching her every move though not standing in the kitchen doing the dishes which is what my friend was unfortunately doing at the time. But I agree with other posters, even if my friend or I had been watching the children like a hawk, it could still have happened. The only difference there could possibly have been is that we might have noticed that the safety net wasn"t fastened properly, in which case obviously we would have fastened it.

poet123

I can honestly say that sueing my friend would not have entered my head.

Kids have accidents, fact of life, get over accidents. Money will not make a jot of difference to the situation. If there were complications what could money achieve that NHS treatment could not?

I think you should be telling your parents that you have no intention of sueing and that they cannot sue without your consent.

One of my sons had 2 accidents which people advised me to sue for, onein a garden centre, (he fell from the Monkey bars) and one on a playing field owned by a school,(tripped onto a portion of fencing which had been damaged and cut open his hand) both times I was by his side, and both times I could not have prevented the accident. It was amazing to me how almost before I had explained the details of the accidents, many people said "Sue".

Time to step up to the plate, and say "no way" to your parents. Or is it that you are using them as a smokescreen? I suspect that is nearer the truth.

Jamie10

I think it's great that your thinking about your daughters best interests but I really don't think you should sue.

In the long term your daughter stands to lose a lot of current friends, and potential friends when she starts normal school. Everyone would be too afraid that if something happened then you'd 'sue' them.

Money is only a temporary thing that eventually goes, friendship is something that has no time constraints.

Remember the saying "Money can't buy you happiness"