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

michaelvintner

arcon5 wrote: »

Gotta say, this thread brings out alot of memories of childhood.

I bet every single person here not only fell of their bike but fell out of a tree, got injured during a conker fight, crashed whilst on a sledge with just a small gap at the bottom and barbed wire both sides :O

Oh I miss those days!!

Yes but kids were made better in the good old days. These new models are not up to the same standard.

All the scars on my body were done before I was 12. Did not do me any harm. I even learnt a couple of things such as when to use the brakes on my bike.

When I fell off it I got back on it. Sometimes with blood on my knee.

gravitytolls

texranger wrote: »

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.

bUT you could mebbe sue your OH for the shove lol.

texranger

michaelvintner wrote: »

Yes but kids were made better in the good old days. These new models are not up to the same standard.

All the scars on my body were done before I was 12. Did not do me any harm. I even learnt a couple of things such as when to use the brakes on my bike.

When I fell off it I got back on it. Sometimes with blood on my knee.

ah, i remember the days. go out and play and being told by your parents be careful you dont fall of your bike. now its go upstairs and get your DS or X-Box or play on your computer

arcon5

texranger wrote: »

go out and play and be careful you dont fall of your bike.

I guess thats the difference between us, when I went out to play being careful was the last thing on my mind

texranger

arcon5 wrote: »

I guess thats the difference between us, when I went out to play being careful was the last thing on my mind

same here but I bet your parants told you to be careful, while now kids are just bothered about how many texts they can send or who has tweeted them

Flyboy152

HKitten wrote: »

Why would some poor kid working in JJB Sports of all places have any idea how to adjust a bike?

The (dis)merits of this subject aside, it doesn't mater what the age of the person advising the consumer is. It is the responsibility of the seller to exercise their duty of care by carrying out the transaction with due care and skill.

Flyboy152

Mupette wrote: »

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

The OP did ask if the bicycle need any adjustment and they said, "no." The OP paid the shop to check the bicycle, why would they need to do that to themselves as well, sees a bit pointless. The consumer is not expected to be the expert in checking bicycles, the shop is.

Flyboy152

forgotmyname wrote: »

Did you or the child carry out the safety checks outlined in the instructions before riding the bike?

Thought not. :doh::doh::doh:

But then, the store said that they had done the checks.

DCodd

Flyboy152 wrote: »

But then, the store said that they had done the checks.

And there is no evidence that the store is at fault.

The OP states that after the second accident, the handles bars moved back and forth, that could well be the headset that is damaged and this is probably caused by the previous accidents. The handle bars moving back and forth would have been noticed by the OP when they took delivery of the bike and certainly during the regular maintenance a bicycle owner should be doing on a weekly basis.

So the chances are that the OP's DD fell off the bike twice and damaged it, neither the OP or their daughter have carried out any checks or maintenance on the bike, but the OP wants compensation!

Flyboy152

DCodd wrote: »

And there is no evidence that the store is at fault.

The OP states that after the second accident, the handles bars moved back and forth, that could well be the headset that is damaged and this is probably caused by the previous accidents. The handle bars moving back and forth would have been noticed by the OP when they took delivery of the bike and certainly during the regular maintenance a bicycle owner should be doing on a weekly basis.

So the chances are that the OP's DD fell off the bike twice and damaged it, neither the OP or their daughter have carried out any checks or maintenance on the bike, but the OP wants compensation!

I am neither supporting nor disapproving of the OP's premise, just that the store has a responsibility to carry out their work with skill and care. If the store has been paid to carry out the work stated, then they have a responsibility towards the consumer. The store will have to prove that they did not tell the OP the bicycle did not need any adjustment, just as much as the OP will have to prove they did. Please remember that the SOGA states that during the first six months, the seller has to prove the faults did not exist at the time of sale.