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to want to sue leisure centre for a birthday party injury

(119 Posts)
KellyMarieBoomBoom Tue 01-Apr-14 17:44:13

DS attended a 6th birthday bowling party on Saturday. As far as I understand the (very nice and blameless IMO) parents were being sensible and supervising, I believe with some friends' help. However, DS managed to drop the heaviest ball on his foot, whilst the Mum had turned her back to deal with food. He was in absolute agony, with a bloody, crushed big toe. This resulted in an ambulance being called, hours in A&E, and an operation under general anaesthetic yesterday, to repair his mangled toe. An awful thing to happen at the best of times, made worse by it being his birthday on Sunday, which was pretty dire.
I am really angry with the leisure centre. It was an organised party and on its website it says "with supervision at all times you can have peace of mind that your child will have a great time in a fun and safe environment." Clearly this was not the case! The ball was 13lb, and the recommended weight for a ball for his age is 5lb. I don't think that children of his age should have access to balls weighing this much....surely they could have removed them? He wasn't even wearing shoes - they don't supply them for kids (yet are happy to put on parties). I really don't want to let them just get away with this, mainly so that another kid gets a ruined toe/birthday, but also because I'm so bloody angry about it. Could I sue them? Am I over-reacting? AIBU?

wonderingsoul Tue 01-Apr-14 17:46:24

hmm it depends where di he get the ball from? was it the balls on his lane or had he and a friends wandered of to get it from another lane?

if it was the latter imo yabu.

if it was the first i would complain, but i wouldnt sue.

WhatsTheWordHummingbird Tue 01-Apr-14 17:47:21

I would never expect a bowling alley to supervise a child, especially when there are adults there.

And it would be adults responsibility to ensure the area was safe for the dcs including not putting heavier balls in the rack avaliable and telling the dcs "green or orange balls only".

And the shoes arent steel capped. Bowling shoes have soles to protect the lanes, not structure to protect the foot.

The accident occurred, and fair enough you are looki g for blame, but the fault does not lie with the Bowling Alley. Imo.

AFingerofFudge Tue 01-Apr-14 17:47:32

Not sure about the suing thing - I'm a bit anti it tbh unless it's something really negligent BUT I am amazed they don't supply shoes for the kids - do they not even let them keep their own shoes on??? Seems a bit mad with all those heavy balls around to have kids in socks?

Sirzy Tue 01-Apr-14 17:47:46

Sorry it is down to the adults with the party to ensure that the children only use balls which are appropriate size. Horrible accident but not the venues fault

Fontofnowt Tue 01-Apr-14 17:48:41

Did you drop and run then?

Bogeyface Tue 01-Apr-14 17:49:11

Font and why wouldnt she?

Famzilla Tue 01-Apr-14 17:49:25

YABU and greedy.

I hate this compensation culture.

wonderingsoul Tue 01-Apr-14 17:49:34

Fontofnowt- thats harsh alot of people "drop and run" its not unnormal nor is wrong..

Fontofnowt Tue 01-Apr-14 17:51:28

No reason she shouldn't Bogey.
But to then blame and expect payment for an accident that would have been prevented by her is a bit off no?

BillyBanter Tue 01-Apr-14 17:52:15

I'd send them a letter suggesting they might want to alter their procedures to make sure that heavy balls are removed from lanes for children's parties. No harm in working to improve systems. It's not a complicated ask.

meditrina Tue 01-Apr-14 17:52:23

Your poor DS cake and I hope he's on the mend.

You perhaps need to start by finding out exactly what happened.

And before thinking of suing, you also need to establish what was included in the party package actually chosen by the hosts, as it might be a different one to the one you saw a poster for.

Fontofnowt Tue 01-Apr-14 17:52:34

Where is it harsh?

cakeymccakington Tue 01-Apr-14 17:53:01

what would you be suing them for exactly?

children need to be supervised. your son clearly wasn't

NewtRipley Tue 01-Apr-14 17:53:09

What a horrible accident.

I have to admit I wouldn't sue or even complain. I think that I would assume that unless I stay with my child and watch them the whole time, there is risk inherent in bowling.

ChaosTrulyReigns Tue 01-Apr-14 17:53:20

I don't think you've got a leg to stand on tbh.

Sorry. Too much too soon?

NewtRipley Tue 01-Apr-14 17:54:08

Wouldn't a lighter ball also do damage?

CantUnderstandNewtonsTheory Tue 01-Apr-14 17:54:33

If it says on their website that they provide supervision and it's a safe environment then yanbu to expect that he will be kept safe imo. I would definitely be making a complaint! Poor thing, I hope he is feeling better soon.

itiswhatitiswhatitis Tue 01-Apr-14 17:55:57

Given that you weren't there I really don't know how you can say the parents were blameless? I think you are understandably angry but are transferring all the anger onto the "faceless" business because it is easier than questioning the parents supervision in all this.

I would image I 5lb bowling ball could also do some serious damage when dropped on a child's toe too.

TeaAndALemonTart Tue 01-Apr-14 17:56:56

What would you sue them for? It wasn't their fault he picked up a heavy ball was it?

HoldOnHoldOnSoldier Tue 01-Apr-14 17:57:19

Yabu. It was an accident and accidents happen, through your sons own fault at that. No one dropped the ball on his foot, the leisure centre did not throw the ball at him!

All this suing left right and centre is setting future generations to be living a very sheltered life.

WipsGlitter Tue 01-Apr-14 17:58:07

Agree the shoes are to protect the floor not the foot. I think there was insufficient supervision on the part of the parents.

CantUnderstandNewtonsTheory Tue 01-Apr-14 17:58:11

I agree about the 5lb ball also causing damage, so why don't they provide shoes for the children if they hold children's parties there?

itiswhatitiswhatitis Tue 01-Apr-14 17:58:17

If you want to coop main and question proceedure I think that's fine but seeing is just about greed unless your child has been left with a permanent disability which will impede his day to day life?

PickleSarnie Tue 01-Apr-14 17:58:19

Dropping a 5lb ball could have done damage too.

What if he'd tripped walking up to the bit they bowl from? What if he'd fallen off a chair/walked into a wall? Would you still want to sue for not padding the floor and walls?

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