Personal Injury claims/discussion

Quote

OP - What are you claiming for?

ibelongtoguy

Thanks for responding. I'm not even sure I have a claim - that's why I was trying to find others in a similar position.

All I know is my child got hurt and I believe it was through the negligence of care of the play area she was in as it was damaged.

I'm not the sort of person who'd be keen to 'sue' in any situation, and I appreciate that kids will have accidents - but I think it could have been prevented.

I'm thinking of writing a letter to the play place in the first instance to explain accident in my words (we did attempt to complete and accident form whilst there, but unfortunately I had a panic attack and couldn't even say my own name...) we have photos of the damaged area and photos of my child's injuries. I will wait for their response before taking it further. What should I be asking for? An aplology? Compensation? I've really no idea...

Thanks for any advice.

rachyrach2k

I would not waste time in initially writing to the company as they will only fob you off and probably offer you a free visit next time or something like that.

This needs a solicitor to handle on your behalf as there are regulations and laws that you will simply not know about and the solicitors will know whether any of these regulations/laws have been breached and base the likliehood of success on that.

Research personal injury solicitors on google and see if you can come up with the best one. You will be covered for the costs by either any existing insurance (in place at the time of the incident) that you may have which includes cover of legal fees (known as before the event insurance). Or you can go 'No Win No Fee' in which the solicitors will take out an insurance policy to cover their costs should they lose the case (known as after the event insurance). The insurance company of the company you are pursuing will pay your solicitors' costs in full if you win the case

Either way you have nothing to lose and everything to gain by pursuing a claim.

gordikin

OP did you view the 'facilities' and deem them safe?....or did you just assume they were?

lisyloo

Don't worry you aren't expected to be a surveyor or health & safety inspector, just act reasonably.
If there was a small patch that was unsafe then that's not your fault.

Similarly if it had just happened recently and the council had not been informed then they may not be liable.
They will only be liable if negligent and proving that is difficult.

If it had happened the night before and there is no way the council could have known and they are fulfilling their regular inspections in line with national guidelines, then you will just have to accept that no-one was to blame.

I think you will find it hard to prove negligence, unless of course you know of someone else who reported them problem or you have evidence it was ignored or not inspected in the relevant timescales.

We can't expect councils to monitor 24/7 every bit of road/path/play area.

You will get a proper view from a solicitor depending on what evidence you have and they will know which information to ask for and which guidelines apply.

Do you have any evidence that the council were negligent?

I have damage to my motorbike from a pothole costing about £700, but I can't prove that anyone was negligent, so I jsut have to put it down to experience and be more careful.

ibelongtoguy

Thanks again. It is a soft play center whereby you pay money to enter - I would assume this isn't council property.

I assumed it was safe. The surrounding area was fine. Of course I was supervising her as she is only 2. The accident happened on some steps leading to a platform that I had lifted her onto so I couldn't see the damage.

I would assume these places have to be checked each morning? Her accident happened about 12noon and from the photos (which an eye witness took) the damage doesn't look 'new'.

When we went to the hospital they 'fixed' the area immediately (also have photos) with the silver tape and some extra padding.

I really appreciate your advice

geri1965_2

Definitely see a solicitor. A soft play area for children should be checked every morning before opening, or at the end of the previous day.

slightlyconfused1

Hi

Having had lots of experience of soft play centres (I have 4 children) you tend to find that areas of padding get damaged and lifted by small (and not so small) fingers and they are often mended with silver duct tape. This "mend" is often redone.

These soft play centres mostly have "toddler areas" and older child areas. The play in the older areas can be quite wild and I would imagine that damage can happen quite easily. I would assume that an older repair could be undone quite easily in one morning.

The older childrens's areas tend to have an age limit and so I would presume your daughter was in the toddler area. I would imagine that the standard of repair of damage and frequency of inspections of equipment would be much stricter in a toddler area and so an accident caused by damaged equipment would be treated much more seriously. I am also surprised that they would have a platform and steps in an area suitable for a two year old. That may be another area that needs to be looked at.

The last time I was at a childrens party at one of these centres we left with one black eye, one grazed face and numerous scrapes (the party was for 5 - 6 year olds) The injuries were all genuine accidents caused by rough play.

I think when you let your children engage in physical play you accept accidents will happen, however that does not excuse faulty equipment in areas designated for toddlers who are all less steady on their feet and have a less developed sense of danger than older children.

Did they record your daughters accident in an accident book? It would be interesting to see if any other accidents had been recorded in the toddler area previously.

If it was me, I would contact the centre first regarding the accident before deciding whether you wish to go down the route of claiming against them. As far as I am aware you can contact solicitor at any point if you are not happy with their response.

dizze_2

what are the regulations to these soft play areas my lil one hit hid head and gouged a hole in it by hitting a screw or something like it, and the center didnt even check to see where it happened or ring to see how he was and the care he got was a bag of frozen prawns wrapped iin a towell and not to drink......

ibelongtoguy

Slightlyconfused - thanks for your response.

Yes my daughter was in the 'under 5' area and I was supervising her at all times (she's quite a nervouse child and will rarely go off on her own - always wants Mummy there for encouragement).

I more than agree with you that kids have accidents, and I thought that was the case until it brought to my attention by a bystander who saw the whole thing that she'd actually hit her face on some exposed wood. We have photos of everything.

It was recorded in the accident book, but I was unable to complete my details as I had a panic attack. They asked me to call back another time to complete it. That's why I'd like to write the letter first - to give my account for their records - I don't want them writing it down wrong over the phone.

I've also been advised that because she was referred to hospital that it has to be reported higher up (by the soft play center) - can anyone confirm if this is the case????

So in my letter I'm writing my account, the injuries sustained and asking these questions:

1) I would be interested to know if this area had been checked prior to opening on 2.4.10. (the play place) would only have been open for about 2 hours when the accident occurred.

2) I would also like to know if any other accidents have been recorded for this area and if the area had been damaged previously and reported.

What else should I ask? Should I mention that I'm seeking legal advice? If I write a letter am I opening myself up to any problems should this go further??? Will they have ammunition against me?