To claim compensation against a farm?

[Cat1984]

My 5 year old dd broke her arm badly at a school trip to the farm over a week ago and had to be operated on and now has wires holding her bones in place at the elbow, she has no movement in her index finger on her right arm and me and her school are trying to decide whether or not to let her go back to school. She's really traumatised by it all and keeps having flashbacks and getting upset, she even told me she never wants to go on another school trip. I've been told by a few people that I should sue the school or farm or claim compensation but I'm not sure about it because I'm so drained and exhausted my brain is barely working atm. WIBU to put in a claim?

Depends how she broke her arm. Might be the school failed in it's duty of care rather than the farm.

How did it happen?

Depends-was it a foreseeable accident or just one of those unfortunate things? If the former I may pursue it further, if the latter I wouldn't.

Well, was it the farms/ schools fault? You need to be specific on how she broke her arm. Was it a genuine accident? Was she messing about? Was she not being supervised?

Hope your daughter is feeling a bit better. What happened exactly?

What financial losses have you suffered?

What would you be compensated for, exactly?

How did it happen?

Was anyone actually negligent or was it an accident - they do just happen.

My greatest sympathies to your DD though, poor mite.

Depends completely on how it happened. Sometimes it seems people say "put in a claim" because we're turning into America they don't know what else to say.

Do hope your daughter makes a good recovery

It depends on the circumstances surrounding the injury.

If it was a genuine accident please don't sue.

I agree with Kate, if it's a genuine accident please don't sue. I hope she's feeling better soon

Have the hospital said if she will get movement back or not?

Was it the sort of thing which could have happened anywhere? So she tripped over her own feet, a doorway, another kid knocked her? Or was there a massive hole in the yard/she was knocked over by a sheep?

No one seems sure of what exactly she fell off but the head teacher is investigating, she seems to think that someone risk assessed something wrong, she fell off something in the children's soft play area, either a fireman D pile sort of thing or some kind of platforms, she's only 5 and I don't think she would've been messing about but she did say something about not holding on properly and she fell, I'm concerned that no one knows how this happened and I don't know what I/she would be compensated for, it's just what other people have advised me to do

I know it has been a hard time for you both but can you try to help her get back to school ASAP (even if it is just restricted hours/help with certain tasks at first)?

I suspect she'll feel a bit better if she is back with her class as much as she can be. School is more fun this time of year. If she is at home bored and unable to do routine tasks then the distraction of school will probably help her (unless you think she won't benefit from going back to school immediately of course).

If you did sue the school/the farm, what outcome do you want?

Why did it happen? Was it the result of carelessness, or even gross negligence on the part of the school or of the farm?

If your DD is likely to have suffered permanent damage to her finger, and/or if you've suffered noticeable financial loss from taking her to and from the hospital, and if when you've learned all the facts you genuinely think that the school or farm acted wrongly then yes you could reasonably claim for damages.

It sounds like an accident. If she wasn't holding on how can it be the farm or the schools fault.

Accidents happen. Unless there was an obvious neglegence that caused it i would chalk it up to experience. I had this sue culture

At the moment the hospital are not sure whether she will ever get movement back

Sometimes kids fall. It doesn't need to be anyone's fault.
How would the court case and money make things better?

Arkwright because she is only 5 and there should've been someone supervising and ready to catch any child that couldn't hold on to whatever it was

I would wait to see the head teachers investigations first then.

If the equipment was all fine, and she just had an unlucky fall, I doubt there's much you could sue for.

But if eg, equipment was faulty - maybe firemans pole loose or something - then you probably could.

there should've been someone supervising and ready to catch any child that couldn't hold on to whatever it was

But there can't be teachers dotted all over soft play ready to catch anyone who falls.

I'm sorry for your daughter but unless the equipment was faulty you need to accept this for what it was - an accident - and move on.

Personally, I wouldn't sue. Even with the best will in the world and all the risk assessments, the school can not supervise 30 children all at once. Perhaps ask what their ratios were of adults to children. The farm doesn't seem to blame at all
On a personal note, if your daughter is only 5, she has a lot of schooling left to do. I wouldn't want to break down the relationship with the school at this early age. Speak to them about How you can all move forward in obercoming her fears of trips

It sounds like an accident to me.

I agree with IceMaiden I hate this sue culture too. Why does someone always have to be at fault?