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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:
thefirstmrsDeVere · 12/09/2010 22:16

I didnt read this as a compensation culture gorn maaaad thread.

Sometimes the only way to get big companies to take notice is to threaten legal action.

I dont think its the first course to take but sometimes the threat is enough to make them do something.

Sounds like the OP is worried about the dangerous design of some furniture in an environment advertised as child friendly.

Should we all just Meh! and leave others to crack their heads open or should we do something about it?

No I wouldnt sue but I would definately make a bit of a fuss.

bottyburpthebarbarian · 12/09/2010 22:17

I am sorry that you feel this thread needs to be deleted

You posted in AIBU - as it says at the top of the page, you get honest opinions -I've certainly been on the receiving end of some pretty negative comments in my time.

The fact remains, however, that the hotel cannot possibly baby proof the whole area and your DP was "in charge" of your DC at the time and he couldn't prevent the ACCIDENT

tosuehotelchain · 12/09/2010 22:19

I called myself this name, as it was the only name I could think of att.

Yes he has to go through it again next week, as the stitches are not disolvable, and he needs them pulled out, including the inner one.

OP posts:
Tigerdrivesbackin · 12/09/2010 22:19

The only thing you can say about this thread is what I believe they say in "EastEnders": "just leave it". Waste of time.

Hope OP's son's head is ok. Take they won't be returning to the scene of the crime so no loss for anyone.

tosuehotelchain · 12/09/2010 22:21

I actually do have a case for liability, they already have accident reports concerning the table, which my friend will pass give to me.

OP posts:
memoo · 12/09/2010 22:21

"however I dont want other children getting repeatedly hurt, due to these "designer" tables"

Why don't you phone the Health and Safety Executive then?

bottyburpthebarbarian · 12/09/2010 22:22

Are you a solicitor tosue?

Accident reports don't mean liability I'm afraid.

moondog · 12/09/2010 22:23

This reply has been deleted

Message deleted by Mumsnet.

booyhoo · 12/09/2010 22:24

i sthis your friend that works there?????

s/he will lose their job if hey are caught at that. you are playing a risky game if you are depending on reports from a memeber of staff and not going through the official channels. but hell, you know better than all of us. do it, see how much shit you get your friend into.

tosuehotelchain · 12/09/2010 22:24

No, Im not, however it does state their is a problem that they have failed to address, repeatedly.

I'm phoning HQ tomorrow, I really dont want to sue, you will see this repeatedly throughout the thread, I just want something put in place for the tables to be safe.

OP posts:
bottyburpthebarbarian · 12/09/2010 22:25

Also, your friend would find herself out of a job very quickly if she passed accident reports to you.

Full disclosure prior to going to court and all that.

BeerTricksPotter · 12/09/2010 22:25

This reply has been deleted

Message withdrawn at poster's request.

memoo · 12/09/2010 22:26

Why don't you phone the Health and Safety Executive?

booyhoo · 12/09/2010 22:26

beertricks do you mean the 3 previous GAs?

tosuehotelchain · 12/09/2010 22:27

Friends leaving next month so shes not bothered.

Im not trolling, unfortunately I wish I we're.

OP posts:
Tigerdrivesbackin · 12/09/2010 22:27

The standard for showing breach of duty of care is really quite high. Accidents do happen. If it was really reasonably foreseeable that your child would fall over and cut their head then there might be a case. That doesn't sound remotely likely from what you have said. What do you want? Damages? For what, exactly? All parents spend hours they could be doing something more interesting in A and E. In fact all parents spend hours and years when they could be doing something more interesting than looking after their children but it has to be done.

memoo · 12/09/2010 22:28

Why don't you phone the Health and Safety Executive, please can you answer my question OP

CrispyTheCrisp · 12/09/2010 22:28

DS can have a spray anaesthaetic to numb the feeling when the stiches are taken out. HTH

mumbar · 12/09/2010 22:29

great aibu by stealth op - now its been a safety hazard for years steel pins etc. Fact is you knew this and still chose to take a small vunerable child there - and if you didn't why did your so called friends not warn you in advance?

Sorry you've been flamed and REAllY sorry DS was hurt but doesn't change the fact you took him somewhere YOU considered dangerous and then spent the afternoon on here complaining about it when you should have been giving him TLC.

I do hope you, DH and DS recover from today but please realise these things happen.

Off to bed now

tosuehotelchain · 12/09/2010 22:29

memoo, I am tomorrow, hence phoning HQ.

OP posts:
tosuehotelchain · 12/09/2010 22:30

No I didn't know this,Hmm yes I knew of the kitchen, however my child is not entering the kitchen!

OP posts:
bottyburpthebarbarian · 12/09/2010 22:30

your DP was "in charge" of your child at the time

Sue him. Or advise him about proper care and attention when supervising a child.

Every bit as much his fault as the hotel's.

tosuehotelchain · 12/09/2010 22:31

Thankyou crispy, No I didn't know that, will be asking for it. Thankyou.

OP posts:
booyhoo · 12/09/2010 22:31

it could still cause a shit load of trouble for friend after they leave and also. a report acquired like that coudl be useless in court. you need to go about it the right way. and anyway, what are getting the report for? you said you aren't going to sue.

mumbar · 12/09/2010 22:32

but your 'friends' knew the table was dangerous in lobby and didn't advise you against taking a vunerable child.

I'd be finding new friends as well as somewhere new to eat.