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

Bigun28

Typical British 'Compensationitis' coming to the fore again - 'Where there's a blame, there's a claim' and all that.

I think we should all take a reality check on the whole situation. This was an accident yes, and yes you can sue your friend, which will put up insurance premiums for them and probably filter out with all of the other liability claims across everyone elses premiums putting them all up as the insurance company tries to balance their books.

The question is 'Is a monotary claim worth more than your friendship?'. Will it make you feel better and make your daughter's arm better?

Probably not.

whatatwit

I am so sorry to hear about your daughter's accident.

In my mind your friend had taken the main precautions by having a net around the trampoline.

Also, doctors and consultants do tend to give the worst case scenario and hopefully, given your daughter's age, she will make a full recovery.

loobylou2

miserly_mum wrote: »

What's it got to do with your Parents? She's your daughter not theirs.

You are bound to know in your heart of hearts that claiming against your friend just isn't right and as someone else has already said it won't make your daughters arm any better

She is my daughter but she is also their grandaughter and they are very concerned about her and her long term future as a result of this accident

I tend towards the accidents are accidents point of view, however if once all the treatment has taken place there are long term implications which might mean your daughter requires additional treatment, or she has long term changes in the usefulness of her arm, then at that point you can calmly consider whether a claim for compensation should be made. If that does arise, then by that time most of the emotion will be taken out of it and you will be much more likely to be able to take action which is seen as taking advantage of the insurance to help your daughter rather than as having a go at your friend.

Thanks for this Weston Dave, this is what I am also wondering , theres just too much emotion involved in the entire situation at the moment, If I were to sue which I still don"t want to do it wouldn"t be because I wanted to have a go at my friend it would be because I wanted to help my daughter. I"m not blaming my friend in any way at all for what has happened. It was an accident but I still have to think about my daughters long term future and I think that is the reason why my parents are now pressuring me to sue and saying that if I don"t do it they will!!!!

pinkshoes

Accidents happen, and your daughter will one day be proud of any scars left from the operation.

You should tell your parents that money won't make your daughter's arm better, but suing your friend would ruin a good friendship, and would also destroy a family, as you wouldn't speak to them again either if they sued!

This country is becoming more and more American all the time with the obsession for suing.

Ivrytwr3

OK, it is all well and good people saying don't sue and your friend saying she feels bad about it. My question would be:

why was she not supervising?

Was it a momentary lapse? ie did she nip to the loo or was she letting them get on with it while she did something else?


She isn't the greatest friend if she left them playing unsupervised. Paid or not she accepted the responsibility of looking after your most cherished possession and if your child is going to suffer because of this long term then perhaps some monetary value should be awarded.

soolin

I know you want to do the best for your daughter, that is understandable. However it is not your parents that have to continue to live in that neighbourhood, it is you . You will always be the parent who sued for an accident, parents are cruel and you may struggle to get sympathy from other parents.

You will also be seen as a problem , can you imagine your daughter ever being invited to a birthday party or play date again..she will always be the child whose parents sue. is that doing the best for your daughter? Ask other parents on here, if you knew that your own child had a friend whose parents were litigious would you want them to come and play in your garden or would you gently encourage your child to find different friends who you could invite over?

You almost certainly have a claim against personal liability insurance but can you put your daughter through a childhood where she has no friends?

Why not compromise, speak to your friend explain that your daughter may have lasting issues and there is a possibility that she may need therapy of some sort when she is older and ask how they feel about you sueing them against their insurance to cover the costs of future care? They may well have insurance, (although nowadays household insurance is not always taken out) and actually assist you in the claim.

lastly tell your parents politely to back off, it sounds like they are making things worse and this is something you need to deal with. What are you going to do in future, never take your child anywhere in case she hurts herself? Better not let her go to any play factory or outdoor area then in case your parents sue you for every scrape.Better warn the school that she isn't to ride bikes or play on anything that may cause her harm (although she may well be cotton walled if you do sue anyway).

Ivrytwr3

pinkshoes wrote: »

Accidents happen, and your daughter will one day be proud of any scars left from the operation.

Pinkshoes you normally give great advice, but saying her daughter may be 'proud' of the scars? I think not!!! Some kids these days are having surgery to remove birthmarks etc and these are naturally occurring so i am sure they can do without adding scars!! Also, tell my niece that when she spent months in hospital when she, as a toddler, pulled boiling water from an oven and scarred all her legs (again playing unsupervised)

Why doesn't the OP have a word with the 'friend' and say it isn't personal, but you have your daughter's well being to look after, perhaps even when the cash comes through they could bung the 'friend' a couple of quid (just kidding! )

merlin68

Not trying to be horrible but if you sue your friend, your daughter will likely end up with no friends. As nobody will have her round to play as they will be scared of you suing them.

soolin

If the other parents does not have the correct household insurance (and according to the news many people can no longer afford insurance and risk going without) then they will be personally liable and in a worst case scenario end up having to remortgage or even move to a smaller property to pay out even a small sum.

Violetta_2

Would you need to sue your friend to claim on her insurance. I do not support the "no one taking responability for themselves lets blame everyone else" culture but I don't think your daughters situation is that, she has been badly hurt in an accident, there may be long lasting damage (I do hope not) I think you would be wise to get some advice on this rather than simply "I'm not suing my friend" perhaps speak to your own insurers, some have legal advice line. Also when you know a bit more speak to your friend, she may be happy to help if she can.