Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to want to sue leisure centre for a birthday party injury

118 replies

KellyMarieBoomBoom · 01/04/2014 17:44

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?

OP posts:
NewtRipley · 01/04/2014 17:59

Bowling shoes, as has been mentioned are not to protect the feet.

Floggingmolly · 01/04/2014 18:00

Being in close proximity to bowling balls in a bowling alley is kind of an occupational hazard... So, he dropped one on his foot.
How could the leisure centre have prevented this, exactly?

LIZS · 01/04/2014 18:00

yabu. He didn't have to lift a ball that heavy and can't have done so in a blink of an eye. Nor would shoes have made any difference to the injury. What would you sue for?

Haroldplaystheharmonica · 01/04/2014 18:01

Oh come on, it was an accident! And it wasn't even anyone else's fault except your sons! We were at a bowling party on Sunday and the exact same thing happened. Nobody's fault, just one of those things. Albeit painful for the person involved.

Floralnomad · 01/04/2014 18:01

Yes you are over reacting . How could they possibly supervise every single child ,every minute for the entire length of the party ,they would need 1 adult to each child . It's an accident ,accidents happen . If people start suing for every little accident then there will be no places that do parties in the future .

Original poster
KellyMarieBoomBoom · 01/04/2014 18:02

I don't want to make any money, I'm just venting. Wouldn't really sue, am being a bit OTT emotional! Won't be dropping and leaving again if somewhere I'm not confident about, that's for sure. I really just don't want this to happen to someone else, so I will ask the manager for a meeting to discuss their safety procedures.

OP posts:
AgaPanthers · 01/04/2014 18:03

YABVU.

I have been to a lot of bowling parties and NEVER has anyone other than the parents organising the party been doing supervising.

If you want to sue someone, sue them.

Armadale · 01/04/2014 18:04

Oh your poor son, having once dropped a 4lb dumbell on my adult foot I can't imagine how much that must have hurt, and what a horrible start to his birthday the next day as well.

I don't think it is the venues fault though, if anyone is at fault is is the party hosts. I think you are getting angry in the wrong direction.

I also think from a legal point of view you would not manage to prove negligence by the venue.

I think the quote from the website is totally ambiguous

"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"

could be read as

"we offer supervision at all times and so you can have peace of mind"

or could just as easily be read as

"if you supervise your child at all times you can have peace of mind"

Unless there is another portion you have not quoted, it does not make it clear who they are expecting to provide the supervision and therefore doesn't promise it.

Hope your soon gets better soon.

Original poster
KellyMarieBoomBoom · 01/04/2014 18:04

I don't. Just a v stressed mum looking for blame to make me feel better. That's why I posted the thread and I know IABU! Thanks Mumsnetters, the voice of reason as ever...

OP posts:
Forgettable · 01/04/2014 18:05

Oh my goodness poor poor boy

Certainly you could ask to see the establishment's Risk assessment* and IIRC an accident with hospital as an outcome needs to be reported by the establishment to hmmm um, is it HSE?

*Here is a random RA from google : here

Maybe ring your local council imitially?

NewtRipley · 01/04/2014 18:05

You know people are going to join this thread, not read fully, and think you want to sue, right? Any mention of sueing gets right up people's noses.

What would you say to the manager?

Onesleeptillwembley · 01/04/2014 18:06

Go on, OP. spend lots of money on a solicitor. Tell them what's afoot. And just see where it gets you ffs sigh.

BertieBotts · 01/04/2014 18:07

I think it does imply that they will supervise though, since it mentions peace of mind. You're right the meaning could be interpreted either way but context is important for meaning too.

NoodleOodle · 01/04/2014 18:07

YABU

If a member of staff had dropped the ball on his foot then you might have reason to complain/sue, but not in this case.

NewtRipley · 01/04/2014 18:07

Onesleep

She says she doesn't want to sue.was just venting.

OwlCapone · 01/04/2014 18:07

The leisure centre are not to blame. Should they hide all the heavier balls if there are children? Should the fit all children out with steel boots?

IME, the children go and find balls from other lanes because they like the colour, they have no regard for weight.

Onesleeptillwembley · 01/04/2014 18:07

Sorry OP, cross posted. In that situation I was harsh.

Onesleeptillwembley · 01/04/2014 18:08

Just addressed that, newt. Smile

Thetallesttower · 01/04/2014 18:09

I think not insisting on some type of shoe in small children handling very heavy objects is madness. The shoes may be designed not to mark the floor, but the ones at our local bowling alley would also be somewhat protective if a bowling ball fell on them, although it still might break the toe. It is a no brainer not to let little children run round in socks where there are heavy objects which they find hard to handle and lift!

On that front YANBU although you may not want to sue. Complain -yes.

I think the fact your son picked up an adult ball is dodgier to be honest, that was a supervision issue with the parents. They don't remove all adult balls when it is party time as parties often include teenagers and adults playing along as well, not just small children. They should have given strict instructions though at the start of play to everyone- if they didn't do this, you would have more of a case.

I am not sure where you can take this really, the parents are somewhat culpable, even if it is completely understandable that the mum was distracted- that's what an accident is.

FloralPuddles · 01/04/2014 18:10

That website spiel could be taken in a number if ways.

"With supervision at all times you can have peace of mind that your child will have a great time...etc" Whose supervision? Do they say that they will supervise? Or do they mean with the parents supervision?

I think YABVU sorry op. This would not of happened in a blink of an eye, who was watching out for him? Why didn't you stay?

126sticks · 01/04/2014 18:11

Glad you are more calm now op. It is easy get caught up in the moment of things.

Dumplings4ever · 01/04/2014 18:11

Why blame the bowling alley?

When you dropped off your DS and walked out the door you (presumably) put him into the care of another adult known to you - I assume this was the birthday boys mum. She turned her back and an ACCIDENT happened - they do in life.

I'm sorry that your son was hurt but the parents at the party were caring for him - why blame the bowling alley.

I'm another one who hates this compensation culture - will money "unbreak" his toe??? I think not.

NancyJones · 01/04/2014 18:13

I hope your son is on the mend but...legally, you can't just sue. There needs to be clear grounds such as loss of earning etc. So if a member of staff had dropped the ball on your husbands toe which prevented him from working then, yes, you could sue for loss of earnings. But not in these circumstances. You could report them to the council as being negligent and force a H&S review of their premises though if that would make you feel better. In your shoes I would write a letter stating that you feel their policy needs to be reviewed with regards parties for young children. You could also go in and ask if they have written up an incident report and what measures they are taking to ensure it doesn't happen again.

CoilRegret · 01/04/2014 18:13

This reply has been deleted

Message withdrawn at poster's request.

WhoKnowsWhereTheTimeGoes · 01/04/2014 18:14

We had a bowling party recently for DS's 10th birthday, it was fully supervised by a staff member (and one of the easiest parties I've ever hosted) and DH and I were keeping a constant eye on them all even at age 10. It could still have happened (albeit unlikely at age 10), it's a public place and you can't close off the other lanes, or stop people finishing their game and putting a heavy ball on the rack behind your lane.

I hope his foot gets better very soon, poor thing.

At our work we only need to report an accident that involves time off work of more than I think it's 5 days to the HSE, not sure about members of the public though.

Swipe left for the next trending thread