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Can someone advise me please?

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  • Firstly, I appreciate how sore a dislocated elbow is, I've been there and done that and secondly, I appreciate how you feel as a parent - your child has been severely injured.

    However, it is the parent's responsibility to supervise the child - if that had been happening, you would have seen what had contributed to the cause of the accident and whether there was any fault or negligence on the part of the restaurant. As such, you have no grounds for making a claim.
  • ses6jwg
    ses6jwg Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If it was unsupervised then good luck, doubt you'll get anywhere

    Kids get hurt. People always look for someone to blame other than themselves.
  • rosie-lee
    rosie-lee Posts: 1,134 Forumite
    Part of the Furniture Combo Breaker
    A couple of posters being a bit unfair on the OP me thinks.

    OP, I didn't glean from your post that you were after any loopholes for money at all.

    I think you just need to switch off from comments and advice from your friends. It was obviously more of a trauma for you than it would be for someone like me. But then again, fortunately neither do my children have any medical issues so we will never view circumstances and accidents in the same way.

    You sound like a great mum, so carry on looking after your son until he hopefully fully recovers.

    Please don't let it put you off posting for advice on this forum again. It never ceases to amaze me how many people just don't understand the difference between a thread asking for advice and one asking for an opinion or a discussion.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Funnily enough I did exactly the same thing when I was around 6, I fell/jumped off a climbing frame and disclocated my elbow. This was back in the good old seventies when litigation for such things was unheard of and the quality of NHS treatment wasn't that great either - I had to have it broken and reset about 6 years later, I still can't touch my shoulder with that arm.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    To set your mind at rest,you could ask if you could enter the play area,and check yourself for any hazards,any areas where a childs body could get trapped.If there are none,then you might have to reassess in future,the age limit for equipment your child plays on.I know also that some autistic children often hit other children, (tough on the parents of both)and perhaps it was a child to child thing.
  • pinkshoes
    pinkshoes Posts: 20,560 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    kedger25 wrote: »
    I understand it was an accident and that these things happen,its just when i tell people about what happened all i get from people is that i should sue

    Kedger, these people who are telling you to sue are the people that are destroying this country, so don't listen to them. It's an American culture appearing here, where people won't take responsibility for their own actions, and by hiring a lawyer they can get some money. The ones that really make the money are the lawyers, and the ones that ultimately lose out are the public, who end up with a nanny state.

    You could contact a "no win no fee" company and probably get some money out of the restaurant, but it would no doubt then result in all soft play areas being closed down. If you're ok with that, then go ahead. Just make sure you think the consequences through.

    Hope your kid is ok and recovers soon, and maybe he'll even want to get back up and play in the soft play area again!?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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