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Canadian friend has put a seed of doubt in my mind and now I am considering legalaction which previously I had entirely discounted - help! WWYD?

(46 Posts)
objectivity Wed 09-Jul-08 19:11:49

So, DS 6 has a fall off a Bouncy Castle at the weekend and breaks two bones - one badly. He had to go to Theatre to have it manipulated and set in plaster.

We won't know how well it is healing until his first review in a matter of days. I guess we'll receive some sort of prognosis then but I already expect it to be typical bone breakage stuff and that there will be a possibility of weakness/risk of arthritis later in life. Hey Ho.

However, talking to my friend, it's got me considering the 'later in life' aspect. What if he becomes limited in ability - whether majorly or ina minor way? What if it effects his leisure time or employment choices?

My first response to said friend was that I don't particulalrly like the 'sue the ass of everybody culture' which we are emulating more and more. Then he said, waddya think they have insurance for?

I don't want to kick up a stink and have already expressed thanks to all who helped ready to go into the next Parish magazine. This was my community's village fete - a community I respect and support. However, I love my son and what if he loses out in the end? He is far more important to me than any marring of village fete that may ensue.

Help!

FluffyMummy123 Wed 09-Jul-08 19:12:43

Message withdrawn

TheFallenMadonna Wed 09-Jul-08 19:12:53

Was it anybody's fault?

scanner Wed 09-Jul-08 19:13:35

I think you should get a medical opinion, there may be no repurcussions for him later in life.

hana Wed 09-Jul-08 19:14:00

was he pushed? or did he just fall badly?
I think accidents happen and this was an accident

our recent school fair committee talked about not having a bouncy castle for this reason, it's not worth it

MsDemeanor Wed 09-Jul-08 19:14:43

I tend to think, my child, my responsibility. Nobody let him go on the BC but you and you did have the option of watching him and removing him if it was dangerous. If everyone sues there will be no village fetes and no bouncy castles, and my dd in particular, would be very pissed off at the latter. Insurance money isn't money from heaven. Higher payouts mean higher premiums for everyone. So maybe that might mean a poor family can't pay house insurance, so when their house is flooded or they have a fire, they will lose their home.

MsDemeanor Wed 09-Jul-08 19:15:12

Also, yes, broken bones mend. Especially at 6!

MaryBS Wed 09-Jul-08 19:18:07

Unless there were serious breaches of safety - which I presume there wasn't as you'd have noticed, I would NOT even consider suing.

As for your son losing out, do you really want him to be known (no matter how unfairly) as the child that spoiled it for everyone? (again, depending on whether there was serious fault or not).

Amphibimum Wed 09-Jul-08 19:18:09

your friend is talking bull. you should sue just in case he has some limited mobility in later life from a broken leg now??
madness.
please dont buy into the litigious society culture, its fucking horrible and affects us all, negatively.

good for you for saying thanks in the magazine and dealing with it all in an adult and responsible manner. i applaud that.

avenanap Wed 09-Jul-08 19:18:35

There is a family that sued a friend after their child was kicked in the head on a bouncy castle, he was left brain damaged and in need of 24 hour care. Their argument was that the bouncy castle should have been supervised. They won but the other family are appealing so this is waiting to go through. It would be wise to wait for this judgment as courts tend to follow what other judges have said.

It depends whether all possible means of safety was carried out (IYSWIM). Accidents do happen and when a child goes on a bouncy castle/trampliene then there is a higher chance of them getting injured. The fete could reduce these risks by limiting the number of children, ensuring adequate supervision etc. You should wait to talk to the consultant first though, his injury may not be as bad as you think. Bones in children tend to fix better than those of adults.

objectivity Wed 09-Jul-08 19:21:36

I think it was an accident and nobody's fault. Although it was unsupervised for fist 15 mins and I didn't realise, but a First Aid thing is supposed to be next to a Bouncy Castle. It wasn't.

wish I hadn't talked to friend.

MsDemeanor Wed 09-Jul-08 19:21:54

I think parents are often very neglectful of children on bouncy castles. Last weekend I told two children under five to give me the lollipops they had in their mouths while they were bouncing. Made me wince to look at them.

lulumama Wed 09-Jul-08 19:23:03

agree with amphibimum

i imagine there were plenty of disclaimers advising parents that their chidlren were their responsibility at the fete

unless someone deliberately injured him or shoved him to cause him deliberate injury or there was some gross negligence on the fault of the organisers etc it is a waste of time

accidents happen

MarmadukeScarlet Wed 09-Jul-08 19:23:39

I will be letting my DD go on a BC at the weekend. I will be watching her whilst she is on it.

As a parent my child's safety, whilst in my care, is my responsibility.

If I thought it was overcrowded/children behaving dangerously I would remove my DD.

If she fell off because she was being daft that is my (her) responsibility.

Did you see your DS fall off?

OverMyDeadBody Wed 09-Jul-08 19:24:26

It was an accident. Accidents happen.

Sueing someone isn't going to prevent him facing possible difficulties later in life as a result of the broken bones is it?

jimjamshaslefttheyurt Wed 09-Jul-08 19:25:27

I broke my arm very badly aged 9. They were concerned that it might need to be amputated (!) I was told I would never be able to use it properly. I might not be able to even write using it. I would never be able to straighten it. I would be crippled by arthritis as an adult.

Well aged 37 I have no arthritis. I have been able to straighten it, (did a lot of swimming after it had healed). Have certainly never had any problems writing. It is a completely normal working arm. I broke it again a few years later (bit higher up). Again no problems.

Shit happens. You don't have to sue just because there's an opportunity to. If you do it will presumably mean no more bouncy castles at the village fete. You'll be popular! You need to live amongst these people which will probably be more important than claiming whatever ??? (not much I would imagine - a few hundred? there's no loss of earnings for your son)

irishbird Wed 09-Jul-08 19:25:50

Message withdrawn at poster's request.

objectivity Wed 09-Jul-08 19:27:36

Ok I think you've all made up my mind (back to what it was in first place!)

I was supervising him and DD but DD got off first and I was tying her laces when he fell. The fall happened because the lady on the Castle in charge started a counted chant for them all to get off so they all tried to leg it as fast as possible. I'm a bit hmm at her plan but still don't feel it was her fault - sho probably feels terrible as it is.

Drusilla Wed 09-Jul-08 19:28:32

If your son had climbed a tree and fallen out and broken two bones what would you do then? Please don't sue someone just because you can. If you let your children go on a bouncy castle you have to accept that they could get injured. Where on earth does your friend think the insurance companies get their money from to pay out on these ridiculous claims?! news.bbc.co.uk/1/hi/england/7496130.stm

tissy Wed 09-Jul-08 19:29:02

if the fractures were manipulated, it suggests that the fractures were in the middle of the bones, rather than involving the joints. In which case, there is pretty much NO risk of arthritis/ weakness in later life. In certain fractures there may be a risk, only the orthopaedic surgeon can tell you.

IMO, bouncy castles are dangerous; many many children break bones on them (same as trampolines,Heelys, skateboards etc). Unless there was clear negligence-lack of supervision, no crash mats, teenagers allowed on with little children, it's one of those things that happen. If you allow your child to go on them, you are weighing up the risks. OK, so it's hard to say no to a child when everyone else is having fun, but ultimately, you have the responsibilty for your child's health and welfare.

MsDemeanor Wed 09-Jul-08 19:29:35

In that case, make a request that this silly countdown doesn't happen next year. I agree it was a stupid misjudgement and the cause of the accident.

Litterbug Wed 09-Jul-08 19:30:29

It was an accident, YOU allowed him to go on it ... stop being greedy.

edam Wed 09-Jul-08 19:30:44

Please don't sue. It would be a huge over-reaction. Apart from anything else, breaks in small children are often no big deal - they generally heal quickly and completely.

As for supervision, that's your job, I'm afraid.

Litterbug Wed 09-Jul-08 19:30:55

Sorry, bit harsh there! blush

edam Wed 09-Jul-08 19:31:50

Blimey, the chant clearly was a very stupid idea - hope the daft woman has realised her mistake. But still not a good move to sue.

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