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

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  • Any
    Any Posts: 7,959 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 13 July 2009 at 11:54AM
    loobylou2 wrote: »
    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.

    Oh, I see. You wouldn't need a toilet, you wouldn't take your daughter for the toilet, you would stare at them like a hawk for the entire day...

    Wake up
  • ChrisCobra
    ChrisCobra Posts: 1,647 Forumite
    If you sue youre mad , acccidents hapen , i wouldnt put my daughter on one of things when she is 3 , Especially with 2 older bigger kids that can knock her over by accident or even fall funny and hurt her neck.

    What a crazy world people live in
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    If your friend has insurance, she may not mind being "sued" (actually you don't sue someone unless it goes to court, you are just claiming up until that point) as ultimately it will be her insurers who pay the claim or defend it. Yes, it may raise her premiums but it sounds as if they will go up anyway if she's had previous claims.

    However if you don't want to do this then maybe you should point your parents in the direction of the ruling made in the case of Harris -v- Perry (this involved a bouncy castle but the same principles would apply).

    http://www.lawreports.co.uk/WLRD/2008/CACiv/jul2.8.htm

    I'm assuming that the safety nets are not compulsory on bouncy castles, correct me if I'm wrong.
  • loobylou2
    loobylou2 Posts: 816 Forumite
    edited 13 July 2009 at 12:07PM
    notakid wrote: »
    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 their 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 da 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.

    I"m not using my parents as an excuse, I"m not interested in the money and I"m certainly not being greedy!!! As I have said repeatedly I don"t want to sue my friend so stop accusing me of something which is not true and I have no reason whatsoever to lie about the situation!!!. I'm certainly not seeing poundsigns out of all this although I think my parents probably are which is why they are pressurising me to sue and threatening to do it themselves. I"m sorry to hear about your son but have to wonder about what you are saying about your own parents failing to realise that he was badly hurt. My daughter was in absolute agony on friday evening and there was no way that anybody could have failed to see that she"d badly hurt herself her arm was so swollen. I posted my thread to get opinions about what other people thought and because I am worried to death about my daughter and her long term future not so that I could be accused of being a greedy moneygrabber. Thank you very much.
    loobylou2.Proud to be dealing with my debts and aiming to sort out the mess in 2013!!!!:eek:
  • mrscb
    mrscb Posts: 1,163 Forumite
    Part of the Furniture Combo Breaker
    I couldnt sue someone that was doing me a favour...The friend will be absolutely devastated already and will probably be thinking 'what if' for a very long time. A friend of our daughters fell off our daughters skateboard and broke her leg We felt terrible but it was an accident,DD2 fell whilst on skates and broke her arm.....these things happen.If people start sueing for things like this kids will never be seen out and never learn of dangers.
    If the child does require further treatment in the future it should be provided by the NHS...
    The friend will probably not want other kids at her house now as she feels guilty.
    Saying that ,my initial reaction would probably be anger and thinking she wasnt looking out for the child ,but even if she was in the garden the child could still have fallen.
    Will it put you off having childrens friends over to your house?
    :beer: Am thinking of a new one:beer:
  • Twopints
    Twopints Posts: 1,776 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    notakid wrote: »
    Stop using your parents as an excuse. You do see poundsigns and you are tempted. Why not be honest?
    Why have you made up this rubbish?
    Not even wrong
  • Any
    Any Posts: 7,959 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    loobylou2 wrote: »
    I"m not using my parents as an excuse, I"m not interested in the money and I"m certainly not being greedy!!! As I have said repeatedly I don"t want to sue my friend so stop accusing me of something which is not true and I have no reason whatsoever to lie about the situation!!!. I'm certainly not seeing poundsigns out of all this although I think my parents probably are which is why they are pressurising me to sue and threatening to do it themselves.

    I posted my thread to get opinions about what other people thought and because I am worried to death about my daughter and her long term future not so that I could be accused of being a greedy moneygrabber. Thank you very much.

    Sorry, you need to re-read your posts.
    You are worried about your parents and talk lot of rubbish about them having/needing good relationship with your daughter when they live 70 miles away and are not even coming up to see your daughter in the hospital. You say they wouldn't even call you this week if you didn't call them about it.

    On the other side there is a friend, very close friend who does you favour when you need it and your daughter is comfortable with her. And it doesn't seem you are so worried about her..
  • funkymonkey
    funkymonkey Posts: 524 Forumite
    Part of the Furniture 100 Posts Name Dropper Uniform Washer
    edited 13 July 2009 at 12:13PM
    yep accidents happen - tell your parents to keep their noses out of it, when you were a child would they have sued their friends if you had fell and broke your arm?

    if you do sue - i would recomend that the NHS bills you for the cost of her opperation. why should you make money from it and not share it.
    #113 12K in 2020 Challenge #113 £17,103/£12,000 £15000
  • loobylou2
    loobylou2 Posts: 816 Forumite
    Any wrote: »
    Oh, I see. You wouldn't need a toilet, you wouldn't take your daughter for the toilet, you would stare at them like a hawk for the entire day...

    Wake up


    Oh please, I think you should wake up yourself!!! Of course I"d take my eyes off them periodically and do things like go to the toilet but, I do keep a much closer eye on my daughter when she is playing with her older brother and sister because I know how rough they can be when they are all together. Do you have children???
    loobylou2.Proud to be dealing with my debts and aiming to sort out the mess in 2013!!!!:eek:
  • You could sue your friend, indeed but dont expect there to be a friendship afterwards, even if your parents are pressurizing you to sue dont, you will look like a complete idiot. Think how awful your friend will be feeling that there was an accident on her property, and think how you would feel if it was you, at the end of the day she had all the precautions in place to stop it happening, the child also chose to go onto the trampoline so in a way its kinda her fault, if she hadnt had got on there wouldnt have been an accident?!
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