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

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Comments

  • bestpud wrote: »
    It's not just your parents who want to sue is it?

    The only reason you are reluctant is because she is a good friend.

    I'm guessing if your dd were at a party in a few years time, and you only knew the parent from the playground, or whatever, you'd be off to the solicitors in a shot?
    I agree with you that the op does want to sue her 'friend'.
    I think she doesn't want to come across as the bad guy.

    If you were a parent at my dd's school, I would be staying well away from you. Don't forget gossip spreads like wildfire through a school playground.
  • mspig
    mspig Posts: 986 Forumite
    edited 13 July 2009 at 10:37AM
    You need to tell your parents to butt out of your life - she is your daughter not theirs and it is up to you to sue not them - and be tough with them, they have no right to interfer in your or your daughters life.
    Just remember that this person won't be your friend for much longer if you do sue.

    Also you state about having the childs best interest at heart - what is a few thousand pounds going to do for her injuries??? The only thing you will do is lose your kids their friends and a friend of your - its not worth it and it certainly won't do you any favours or your kids as i wouldn't want someones child in my house whose mother would sue everytime an accident happened.

    Also did your husband when dropping your daughter off state that he didn't want her on the trampoline??
    Could one of the kids have undone the netting - mine do sometimes.

    Unfortunately i understand what your daughter is going through and you as a mother, but in life we can't predict what will happen next, although destressing and very painful this was just an accident and i'm with the others who think that you need to just right it off as an accident and tell people you don't want any more talk of suing.

    If your parents go ahead without your permission they will not get anywhere anyway as they do not have parental responsibility, so if they insist let them waste their time, but explain to your friend that it has nothing to do with you, nor will you be standing by them.
  • SugarSpun
    SugarSpun Posts: 8,559 Forumite
    I'm fairly sure that unless your parents have parental responsibility for your child they're not able to make a case. And you don't want to sue - so all you have to do is strap on your big-girl pants and say No, I'm not suing my friend, it was an accident and that is all it was.

    If you had to pay for all her medical care that might be slightly different, but you don't. All hail the NHS.
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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Trampolining accidents can be REALLY serious. For a 3 year old a fall from a trampoline is a long way. There have been cases of people suffering broken backs, necks, and brain injury from accidents on trampolines, and not just children - I personally know a female adult who broke her back in a fall from a trampoline, admittedly one without safety netting.

    Personally I would never let another person's child on a trampoline unless they were present to take responsibility for their own child. But that's just me.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • whitewing
    whitewing Posts: 11,852 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I agree with the other posters who have said that if you or your parents sue for this accident, then you are going to be too big a risk for anyone else to have anything to do with your family. Is that how every dispute in life with you will end?
    :heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.
  • bestpud
    bestpud Posts: 11,048 Forumite
    loobylou2 wrote: »
    She"s got insurance because I know that she has made claims on it for various things which have been stolen or lost over the years. FWIW I feel absolutely awful that I"m being pushed to sue or make a claim against her, I certainly don"t want to do this and have no intention of taking her to the cleaners but I still feel I"ve got to look after my daughters interests in the long term as well, after all she has been hurt.

    She may well recover fully and money won't makre a difference either way!

    You cannot be pushed into something you don't want to do! You are the parent and they cannot sue for you.

    So your options are to sue yourself or move on but that is your choice, along with your OH of course! Stop hiding behind others!
  • *Chattie*
    *Chattie* Posts: 707 Forumite
    loobylou2 wrote: »
    If the friend is negligent for the accident, to my mind you (OP) are negligent for leaving your daughter with someone apparently unsuitable to care for a child.

    Whilst I understand what you are saying here, for what its worth I leave my daughter at a nursery whilst I am working, her father looks after her for the hour or so in the evening while I am coming home from work and he left her with our friend who trained and qualified to be a childminder even though her childminding business never really got off the ground. This is the first occasion that I"ve ever had cause to be concerned about my friends ability to care for children and she"s looked after them on lots of occasions previously while I've also looked after her children so I don"t think that until now I"ve been negligent in my choice of carer. All 3 of my children love her and she"s almost like a second mother to them which is another reason why I"m so reluctant to go down the claiming/ taking legal action route. Think the best thing for me to do would be to perhaps get some independent legal advice, my employers offer an assistance scheme so I think I"ll give them a ring and see what they suggest I do.

    It doesn't matter what she is trained in, she could be anything, you were not paying her for looking after your child so her occupation has absolutely nothing to do with it. However you are now assuming that she didn't look after your child by the way you say you were negligent in your choice of carer so I guess you're seeing the £ signs yourself.
  • bestpud
    bestpud Posts: 11,048 Forumite
    loobylou2 wrote: »
    She"s got insurance because I know that she has made claims on it for various things which have been stolen or lost over the years. FWIW I feel absolutely awful that I"m being pushed to sue or make a claim against her, I certainly don"t want to do this and have no intention of taking her to the cleaners but I still feel I"ve got to look after my daughters interests in the long term as well, after all she has been hurt.

    Hope her cover isn't restricted to so many claims a year then!
  • Why don't you talk to your friend and discuss the situation instead of ringing for legal advice.
  • loobylou2
    loobylou2 Posts: 816 Forumite
    edited 13 July 2009 at 10:39AM
    Can I please make it clear to everybody that I DO NOT WANT TO SUE!!!! The thought hadn""t even occurred to me until I got a phone call at the hospital from my parents on saturday telling me that if I didn"t take legal action against my friend they would. Will people please read my original post before you start making judgments against me. Its bad enough that my daughter has been hurt without people making me out to be something I"m not. I just want to do the best for my daughter and am certainly not wanting to make money out of my friend for something which was an accident.
    loobylou2.Proud to be dealing with my debts and aiming to sort out the mess in 2013!!!!:eek:
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