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

*Chattie*

broxy_bear wrote: »

this has got to be a wind up!! put your parents in a nursing home sell there house and that will be a hell of a lot more you would receive in a civil court which i estimate to be £0 so take my advice

I agree its a wind up judging by a previous thread a year ago by the OP regarding her not allowing her older daughter to go to this friend due to the friend's son being accused of all sorts :rolleyes:

loobylou2

Again I"m not going to comment apart from to say this is not a wind up and I have never ever lied about anything on any of my posts. You don"t know me, you don"t know my friend and you don"t know anything about where I live, the life I live or the amount of stress I"m under so stop being so judgmental.

pelirocco

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.

How big is the trampoline ? I know i have been imagining it to one of the big ones to cause that amount of damage , but wouldnt one of those be too big for a 3 yr old to get on to?

woody01

kindofagilr wrote: »

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!

It was an accident, accidents happen.

I agree.
Just another person after making a fast buck!

Although it is not nice what has happened to your daughter, i cannot believe someone would sue a friend over a 100% complete accident and think its OK.

Maybe you should try 'supervising' your own children :rolleyes:

racheyg

Crikey when I think about the amount of near accidents my friends kids have had at my house, and the other way around! I've sent children home with ruined clothes after they got hold of the house paint in the shed, they have walked to the shops (they are 10, but if one had got run over!!!!) etc.

My daughter fell down the steps when she was three whilst using one of those hoola hoops in our back garden, while I was pruning roses, and she put her teeth through her lip. If someone can sue someone else for negligence, then why didn't the authorities see me as negligent? Why is it OK for accidents to happen in your own home, but seen as negligent in someone else's? Doesn't make sense to me!

Quentin

woody01 wrote: »

i cannot believe someone would sue a friend over a 100% complete accident...

If you read what we have been told it appeared this happened after some negligence, and was far from being "a 100% complete accident":

loubyloo2 wrote:

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.

racheyg

Quentin wrote: »

If you read what we have been told it appeared this happened after some negligence, and was far from being "a 100% complete accident":

What if the parent of the child who became injured left it open, would that be seen as negligence then and could the authorities get involved for not looking after your own child properly?

Could the parent in this case be seen as negligent for not checking or saying that they weren't allowed to play on it?

Doooford

While considering this, the thought that jumps out in my mind is you being that woman who sued. I was trying to imagine if somebody I knew had sued somebody over a negligent level of care (for an accident), I would be very upfront if they ever asked me to look after their children, I would refuse and explain why.
I know there is alot of advice about this being what the policies are for, but it makes it sound as if you just find out your friends policy number, fill out a form, and hey presto, all eventualities are covered. Do not underestimate the strain this would put on your relationship with your 'friend'.
I have to say in summary, that the fact that you've even raised this point would put me off even having your children in my house, even if you were there. I have all sorts of hazards if you look through "legal eagle" type eyes, banisters that haven't been checked for structural integrity, rugs that havent been accredited for non curling trippable corners. Oh, and a whistle gas kettle that could literally be blamed for somebody losing their hearing in their 80's. I'm dreading that court summons in 2089, but maybe by then we'll have developed a bit of common sense and we could just have a cup of tea and have a laugh about our 80 year friendship, even if we do have to shout a bit!

Quentin

racheyg wrote:

Could the parent in this case be seen as negligent....

The unfastened net could well be negligence as far as an insurance claim is concerned.

Had the trampoline been faulty there woulkd be no problem making a claim off the manufacturer's insurer - so what's the real problem here? Forget the phrase "sue the friend", and replace it with "make an insurance claim", and see if there's a policy in place!

racheyg

Quentin wrote: »

The unfastened net could well be negligence as far as an insurance claim is concerned.

Had the trampoline been faulty there woulkd be no problem making a claim off the manufacturer's insurer - so what's the real problem here? Forget the phrase "sue the friend", and replace it with "make an insurance claim", and see if there's a policy in place!

And how would that leave the friend with regards to future insurance if she was seen as being negligent (remember the negligence would be with the friend). Isn't she a childminder? How would this make her feel? How will this impact on the child's social life - I definitely wouldn't be inviting the child over if I thought I could be sued for an accident.

It's cringe-worthy. Don't we have any respect and morals left in society? What is it teaching the child, that someone else is always responsible?

How awful!