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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to sue hotel chain

588 replies

tosuehotelchain · 12/09/2010 16:35

We were at a well known hotel this afternoon for Sunday lunch, after lunch we were walking through the reception area where DC (13months old) fell and split open their head on the corner of the table (adult shin height) we had to ask the receptionist for medical assistance, all the while DC screaming and blood pouring everywhere.

We had to take DC to A&E where he needed a GA, however because of past expeirence with this, it was then decided that our baby would go through the treatment and the horrid trauma with no pain relief, he needed 1 inner stitch and 2 outer stitches, and next week he will have to endure it all again.

I phoned the hotel to let them know the result, and asked for safety guards on the tables to stop further accidents like this in future, they said the would get back to me, due to the "design" of the lounge Hmm

Everybody has said to sue, as its the only way they know, that this hotel will take action.

I know this from expeirence sadly also with the chain.

However I feel uneasy about it.

OP posts:
booyhoo · 12/09/2010 17:16

sueing will NOT prevent a child hurting themselves. do you know why??? because you will lose the case if you try to sue so it will not make them take any measures to pad their table Hmm. you have no case to sue as it was not the hotel's fault. it was your DH's fault

woopwoop · 12/09/2010 17:16

You may well have stated that you don't want to sue, but your attitude is still that it was the hotel's fault - which the majority (if not all) of the people here are saying they don't agree with.
(Not that anyone is saying it's your fault - again: ACCIDENT)

Vallhala · 12/09/2010 17:16

You can't prevent it happening again. Not unless you want the hotel chain to bubble-wrap their furniture or deny under 16's entry. In fact, complaining and considering to sue as a result of an accident might well incite them to bar young children because the parents can be ridiculously over demanding it's all too much damn trouble having them there.

All you can do is supervise your child to the best of your ability and in a reasonable manner and accept that accidents happen. The hotel had a table in it's foyer FGS, not a bloody tiger! You can't start complaining about the presence of a table where a table has every right to be.

Honestly! Hmm

RunawayWife · 12/09/2010 17:16

You want to sue a hotel because your child fell over in your care. Hmm

RibenaBerry · 12/09/2010 17:16

You are joking about suing the hotel chain, right?

The world does not have to be baby proofed. If the furniture would have posed a hazard to a competent adult, then that's one thing, likewise if the floor was wet or whatever, but it sounds like an awful accident, not negligence.

I am going to give you the benefit of the doubt and assume you are in shock. It's only natural to want to blame someone.

As to the facts of suing, a lawyer would be v unimpressed with this. Legal fees can be massive, and you'd be on the hook for the other side's fees if you lost. No win no fee is unlikely since you wouldn't stand a good chance of winning. Oh, and a personal injury claim doesn't result in them paying you much money unless there are serious injuries- think long term effects.

lottiejenkins · 12/09/2010 17:17

Or sue your friends as you were at a hotel where they work when the accident happened??!! Wink

Earlybird · 12/09/2010 17:17

Ludicrous notion to sue based on what you have described.

Should hotel then counter-sue you for negligence for not being more vigilant and/or holding the hand of a child who, as a new walker, is unsteady on their feet?

Accidents happen. It doesn't have to be anyone's fault.

tosuehotelchain · 12/09/2010 17:18

"How could I decide that you were dim or fabricating the whole thing without reading the thread . I assumed there was a serious problem not daftness lurking. Sadly I was disappointed."

wheres the daftness, that I want to protect this happening to others? sadly your daftness and my daftness is on opposite planets, still no need for the rudeness, and I suggest if your going to give out insults, please read the thread instead of thinking everybody is a troll. its childish and pointless to think like this.

OP posts:
perfumedlife · 12/09/2010 17:18

Oh get a life for Gods sake.

RibenaBerry · 12/09/2010 17:20

When you say you want to stop this happening to others, you are basically saying you want to baby proof the world. Do you not get how unrealistic this is? Do you notice every set of stairs in the UK topped by a stair gate? Every coffee table with a corner guard ( I don't even have these at home...), every draw with a safety catch?

I think you are projecting your shock and upset at what happened into blame. It's natural, but it won't achieve anything.

Northernlurker · 12/09/2010 17:22

I have read the thread - that's why I'm struggling with the idea of a mum so daft that her child has an admittedly nasty accident and she takes him to hospital, debates his treatment, has said treatment, comes home, namechanges and starts asking mumsnet if she should sue because hordes of other folks say she should (she having had time to consult them as well as everything else)

BelligerentGhoul · 12/09/2010 17:23

Ofgs. Bonkers.

I'm sorry your child had an accident but trying to sue would make you look crazy, imho.

What do you want them to do? Ensure that all tables and chairs are six feet off the ground so that nobody can ever fall into them? Have a room made entirely from cotton wool? Just close down altogether, so that nobody could ever have an accident there?

Goes off shaking head........

tosuehotelchain · 12/09/2010 17:23

Yu have to see the tables to know what I mean, adults have cut their legs on them, as they are metal. and not what I would consider safe tbh.

Anyway for the "advice" cant be bothered with all the immaturity and childish insults.

OP posts:
tosuehotelchain · 12/09/2010 17:25

"thankyou"

OP posts:
EricNorthmansmistress · 12/09/2010 17:25

HOW could the hotel prevent this from happening again?

Why do you believe that tables with edges are not child friendly?

What alternative do you believe that establishments should provide to replace sharp edged tables?

Your toddler had an accident. This was nobody's fault really. The only people responsible for your child are you and your party. It's a shame your child hurt himself, but it was not the responsibility of the hotel.

cornsilk909 · 12/09/2010 17:25

Methinks the OP has been watching lots of daytime TV.

RunawayWife · 12/09/2010 17:26

me thinks OP should be on day time TV Grin

pinkgrasshopper · 12/09/2010 17:26

I'm not sure why the OP has bothered to come on here and ask the question in the first place, given how determined she is to shoot down the overwhelming majority response.

Let her try and sue. The only legal representative she'll find will take her money and lose the case as there seems to be no basis to bring this action in law. She'll have spent so much in legal fees she won't be able to afford Sunday lunch out thus preventing her DC getting in a similar scrape in the future. Problem solved.

rainbowinthesky · 12/09/2010 17:26

Surely this is a joke thread. Tables have corners.Surely most people know this. Why arent you blaming your dh who was looking after him at the time?

activate · 12/09/2010 17:27

well I think it was simply an accident and you're looking for someone to blame (the only possible person to blame is those who are responsible for caring / watching out for the child)

a hotel does not have to put child-safe corners on tables at toddler height - it is not a nursery

cornsilk909 · 12/09/2010 17:29

I think all tables should be pillows.

hocuspontas · 12/09/2010 17:29

You sound like you already knew that the tables had sharp edges. I'm surprised then that your toddler was on reins and not held by the hand or carried. Actually reins are an accident waiting to happen in a crowded place especially if hot food is being carried about. Only liked them myself out of doors.

durga · 12/09/2010 17:30

Cornsilk pillows suffocate children.

MisSalLaneous · 12/09/2010 17:31

Oh for heaven's sake, it's people with this kind of attitude that makes it difficult to find "toddler-friendly" fancy / posh accommodation.

When looking at cottages earlier in the year, a couple of them specifically said not suited to toddlers. When I questioned why (nosy, not pushing for a change), the lady said that some people complain if there are any sharp edges at all, so if in doubt, it's easier for them to exclude toddlers altogether.

So, yes, I think you are being incredibly unreasonable. And stupid. If you don't want your child to fall, carry her. Or go and stay in the Holiday Inn. You'd still have to carry her at breakfast though. And in the bathroom... And... Actually, perhaps buying cotton wool in bulk is your solution. Hmm

pinkbasket · 12/09/2010 17:31

This very simple. You write to the HO and say your child was injured today when he accidentally fell against a table and you are just writing to suggest they think about changing them.