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baby sustained injury. Can I sue?

(143 Posts)
PixieGio Fri 18-Dec-15 00:53:42

We spent 6+ hours in hospital after our 15 month old fell at a restaurant and landed on a glass. His head was cut open about 2cm and the bleeding was just awful. DH had immediately asked for staff to call ambulance which they didn't (my brother did). The wound has been glued up and the hospital experience has been traumatic for all. So my question is - what would other parents do? I am obviously going to take this further but how? I believe the restaurant has been negligent. Does anyone have any advice on what we should do here? It looks like he's going to have a scar on his head too. I'm still shaking. Thanks for reading.

Redglitter Fri 18-Dec-15 01:53:18

More details might help. What happened to cause the fall

Personally this jumping on the sueing bandwagon drives me nuts. Some things are just accidents.

msgrinch Fri 18-Dec-15 01:56:25

Nothing. Accidents happen.

Shutthatdoor Fri 18-Dec-15 01:57:32

Accidents happen.

What are you actually suing for????

kormachameleon Fri 18-Dec-15 01:58:15

Message withdrawn at poster's request.

Nottodaythankyouorever Fri 18-Dec-15 02:05:06

What on earth are you wanting to get oit of suing?

PositiveAttitude Fri 18-Dec-15 02:32:18

And was an ambulance really necessary? A gash on the head will bleed a lot and I am sure it was awful to see your little one like that, but surely you could have grabbed something clean to hold against it and get them to hospital yourself?

NotSoFancyNancy Fri 18-Dec-15 02:57:36

Accidents happen. It hardly sounds life changing.
What was your son doing to fall? Was he not in a high chair?
Where were you and your family at the time?

ReallyTired Fri 18-Dec-15 02:59:05

Why is it the restaurant's fault the accident happened? Why didn't you call an ambulance yourself? What was your 15 month doing wondering about the restaurant? Isn't childcare your responsibility or am I missing something?
I am sorry your lo was hurt, but I don't understand why you feel your lo should have compensation from the restaurant.

Ista Fri 18-Dec-15 03:01:38

How would suing for money help?

honeysucklejasmine Fri 18-Dec-15 03:07:20

hmm you'll have to have a pretty good case which shows absolutely no fault (or lack of care) by anyone else at all. So, how did it happen?

Sadmother Fri 18-Dec-15 03:15:57

How have the restaurant been negligent OP? I think you need to give more info here.

1frenchfoodie Fri 18-Dec-15 03:17:04

Glasses are necessary in restaurants and staff there were not responsible for supervising your 15mo so he didn't fall so what were the circumstances that make you think they are at fault?

TheHouseOnTheLane Fri 18-Dec-15 03:25:44

OP it must have been awful but whose glass was it? Why was it on the floor?

Also...an ambulance for a cut head is not needed....it IS horrid to see in a baby of course but a firmly pressed cloth and a car would have been plenty. 2cm is not a large wound and while upsetting these things do happen.

goldglittershitter Fri 18-Dec-15 03:41:28

Heartened by the responses on this thread. The litigation culture we seem to have now is terrible, so glad it's not the majority attitude here.

OP, sorry ur little one got hurt but YABU to be talking suing.

NerrSnerr Fri 18-Dec-15 04:05:53

How was it their fault? Did a member of staff push him over?

An ambulance for a cut head seems to be overkill.

The scar will fade, give it time and it will just become a part of him, it's not a huge wound so even if it does scar I bet you won't notice it in a couple of years.

NicoleWatterson Fri 18-Dec-15 04:17:13

My daughter was hurt when a waitress dropped a glass by her when she was 3. I didn't think to sue, I did get annoyed they didn't apologise.

If the glass had previously broken and they hadn't cleared it up, your child was scarred for life. I'd see your point. But on your description at the moment it sounds a bit like 'played with the steak knife and got cut'.

BumWad Fri 18-Dec-15 04:18:04

We need more details

UmbongoUnchained Fri 18-Dec-15 04:29:53

Wow

PeasOnEarth Fri 18-Dec-15 04:42:52

I suppose you could, but all you'll do is turn yourself into someone bitter, nasty and irresponsible.

Far better to be grateful that the NHS doesn't charge for inappropriate ambulance usage, glad the injury isn't worse, and reflect a bit on how to keep your own child safer.

steff13 Fri 18-Dec-15 04:47:04

In what way was the restaurant negligent?

BadlyBehavedShoppingTrolley Fri 18-Dec-15 04:50:38

Need more detail about how/why he fell and why there was a glass on the floor. If for example it was a faulty/poorly maintained high chair that you had strapped him into properly, but it collapsed and the child fell on a glass left on the floor for some reason by negligent staff then you might have a point.

If you just failed to supervise your own child properly or it was one of those unforseeable accidents that was no-one's fault in particular and the result of combination of unfortunate factors then you should just get a grip and move on from it.

What will happen if things like this are constantly taken to court for no really good reason is that restaurants will just adopt a No Children policy, because children by their very nature are accident prone and risky to have around.

cashewnutty Fri 18-Dec-15 04:52:05

I agree with other responses. In what way was the restaurant negligent? Restaurants, by necessity, are full of dangerous things. A 15 month old child needs close supervision whilst there. If they were toddling around and fell then that is your fault not the fault of the restaurant. I think we need more detail of the accident to decide. I also think an ambulance for a 2 cm gash is overkill.

ObsidianBlackbirdMcNight Fri 18-Dec-15 05:07:28

It's called an accident. Your child will have plenty more as he grows older.
And shame on you for calling an ambulance! What were you thinking?

BadlyBehavedShoppingTrolley Fri 18-Dec-15 05:11:37

The fact that the restaurant did not agree to call an ambulance when asked leads me to wonder if the accident was not as serious as the OP feels it was, and that the staff do not feel in any way responsible for it.

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