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Should I ask for compensation for child's injuries?.

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Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    If you had bought it from Halfords then you might have a case (they advertise that they check all bikes before the customer takes them away). But you'll likely have no such case against JJB.

    Whatever happened to parental responsibility? Why didn't YOU or YOUR PARTNER check the bike was OK before letting her ride it?
  • Perhaps your child should receive compensation from you as you are clearly an inadequate parent for letting your 11 year old child fall off her bike TWICE before you do anything about it...:mad:
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    itsgazza wrote: »
    Perhaps your child should receive compensation from you as you are clearly an inadequate parent for letting your 11 year old child fall off her bike TWICE before you do anything about it...:mad:

    I think calling someone an "inadequate parent" is a little too personal.

    The legalities behind this appear clear. If as part of the purchase JJB were relied upon to set the bike up and they did it negligently, then there may be a claim. It is difficult to see how a claim could be made for the second occasion as the contributory negligence in not checking the bike out would be substantial.

    If they simply supplied the product and the product is not faulty, then they are not liable at all.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bod1467 wrote: »
    If you had bought it from Halfords then you might have a case (they advertise that they check all bikes before the customer takes them away). But you'll likely have no such case against JJB.

    Whatever happened to parental responsibility? Why didn't YOU or YOUR PARTNER check the bike was OK before letting her ride it?

    if only it was done with some quality
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The child falling off the bike will be the cause of the damage. When a bike falls over the seat, handlebars and wheel can all twist out of shape. It's up to the parents to make sure it's corrected before letting them back on it, i'm forever having to straighten the handlebars on the kids bikes. There is nothing in this case to say the retailer is responsible in any way. Aren't bike's sold by JJB self buit anyway?
  • texranger
    texranger Posts: 1,845 Forumite
    GET A LIFE

    we have all fallen off bikes in our time.

    i fell out of bed the other night, can i claim compo from the bed manufactuer I DONT THINK SO.
  • pendulum
    pendulum Posts: 2,302 Forumite
    I see that sign... it says "MSE requires you to give newbies a chance. Be especially nice".

    But it is so hard... SO HARD... to not say what I want to.
  • I feel bad thanking all these mean posts (even though I agree with them!).
    Thinking critically since 1996....
  • vyle
    vyle Posts: 2,379 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    When I was ten, I went to Grapham Water with the school and did a 12 mile bike ride.

    I was tall for my age, and they only had one bike that fit me, but when I tried out the brakes, no matter how hard I clenched, I couldn't get them to seem to grip the wheel. I told my teachers, the supervisors, and the grapham staff, and they all brushed it off as nothing to worry about.

    When going down a particularly steep hill, i was unable to bring myself to a safe speed, and crashed into a tree, breaking the bike, and slicing my hand something rotten, ruining the rest of the trip (you try wall climbing and abseiling one handed).

    I was naturally peeved, and when I got home, told my parents they should sue the school. Their reply was, "Don't be silly. If you knew your brakes weren't working, you should have got off the bike, walked down the hill, and carried on riding at a sensible speed on flat land."

    They'd hear nothing more of it.

    If you think you should sue just for your kid falling off a bike, I could have been a millionaire in damages by now.
  • Mupette
    Mupette Posts: 4,599 Forumite
    I recently bought a bike for my 11 year old daughter from JJB Sports shop and within two weeks my daughter has had two serious falls off it, with us having to take her to A&E on the second as we thought she may have broken her leg. She was extremely distressed and in a lot of pain and her legs are covered in bruises and cuts from both accidents.
    When we collected the bike, the assistant handed the bike over to us without making any adjustments for my daughter, despite me asking if he needed to adjust anything.
    After the second fall, her friend said that she had to straighten up the front wheel which was misaligned from the handlebars to bring the bike to our home and I have since found out that my daughter's other friend had to do the same after the first fall, which suggests that the bike can't have been built properly in the first place. In addition to this, the handlebars were loose and moving forwards and backwards which also suggests the same.
    Do you think we could claim compensation for the company's negligence and if so, what would be a realistic/reasonable amount? Having never done anything like this before, any advice would be greatly appreciated.
    Thanks in anticipation.

    you are the parent, why didnt you check and if you were that concerned you should of told the shop assistant that it needed ajustments for your child
    GNU
    Terry Pratchett
    ((((Ripples))))
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