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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To claim compensation against a farm?

225 replies

Cat1984 · 18/06/2016 23:10

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?

OP posts:

Original poster

Cat1984 · 18/06/2016 23:30

Kidnapped I'm trying to get her back to school but the teachers and me are really nervous about it because of her being in a boisterous reception class, we're meeting on Monday to go through a care plan

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FirstWeTakeManhattan · 18/06/2016 23:33

It sounds like it could be 'just' an accident. Negligence would be hard to prove in a soft play situation. It sounds as though your daughter was very unlucky and fell badly, poor mite. Unfortunately the severity of her injury is irrelevant when it comes to proving fault though.

Just get copy of the accident report etc. for now.

apple1992 · 18/06/2016 23:33

Another for hating blame culture and unless they were clearly negligent, I definitely wouldn't be sueing.

arethereanyleftatall · 18/06/2016 23:34

I've been to lots of soft plays. You don't just have adults dotted about in the middle waiting to catch falling children! Mostly, adults aren't even allowed on play frames.

ingeniousidiot · 18/06/2016 23:37

From what you've said it sounds like an accident. Unless the equipment was faulty, safety guards missing etc I don't think that it's the 'farm's' fault (am assuming it's an attraction type thing rather than a visit to a working farm?). I would be very surprised if there was equipment in soft play that needed a child catcher to be in position. I've certainly never seen anyone in any soft play area ready to catch children dropping off things. Usually they're ok - sometimes an accident happens, and often it's nobody's fault.

Original poster

Cat1984 · 18/06/2016 23:37

Surely a children's soft play area should be safe though? I don't know any soft play where a child could fall badly enough to break a bone and if it is dangerous then the children should be supervised on the dangerous parts?

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Kr1stina · 18/06/2016 23:38

You need to concentrate on getting your daughter back to school and working on her rehabilitation .

You can't sue the school or the farm unless you can prove someone was negligent .eg the play equipment was broken / faulty AND the farm knew it was and did nothing or failed to carry out reasonable safety checks.

Why are you keeping her off school ? My Dd broke her leg and was back to school the next day . I know she's had an operation and is upset but the very best thing for her is to get her back into her usual routine , rather than sitting at home bored and worried .

Arkwright · 18/06/2016 23:39

Having supervised on school and playscheme trips the adults don't go into the soft play areas. There is usually a base where the teachers stay and the children know where they are if they need them.

Original poster

Cat1984 · 18/06/2016 23:40

It is a working farm too

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VoldysGoneMouldy · 18/06/2016 23:40

Unfortunately it's just bad luck when it comes to falling. Falling at an awkward ankle, or anything like that, can cause a break, when endless children before might have fallen similarly and been fine.

I'm sure it's very distressing for you to be watching your daughter go through this, but wait for the accident report. It sounds much more likely that no one is at fault, and it just 'happened'.

AnnPerkins · 18/06/2016 23:41

My son had what sounds like the same break (Supracondylar fracture?) requiring k-wires at 5yo. He fell off a low platform and put his arm out to save himself. It's a serious break, but common in children of that age because their bone is very thin in that location.

I was supervising him at the time. It wasn't a risky situation, it was just very unlucky he had his arm in that position. The same could have happened if he had fallen off a step.

In your position I too would want to know exactly how it happened but it is entirely possible it was just an unfortunate accident.

I really hope your daughter's arm mends fully and she gets over the shock very soon. It's a horrible thing for a little child to go through, and hideous for the parents too

Original poster

Cat1984 · 18/06/2016 23:41

I was advised by the hospital that she had to stay off for at least a week which she has done so now I am working with school to get her back to school

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DesolateWaist · 18/06/2016 23:41

Someone trying to catch a failing child would most likely do more damage to the child than the child just falling.
I have great sympathy for your DD but this sounds like an accident.

leghoul · 18/06/2016 23:42

sue school not farm

Kr1stina · 18/06/2016 23:42

I don't understand why her reception class is " boisterous" . Do you mean they are so badly behaved in the classroom and so violent that she might be injured ?

Isn't her arm in plaster and a sling ?

arethereanyleftatall · 18/06/2016 23:43

What has your daughter said happened?

TheFairyCaravan · 18/06/2016 23:43

Your DD was unlucky in how she fell. She could have fallen in a different way and not broken anything.

DS2 fell awkwardly on grass when he was 6. He broke his leg. He's fallen thousands of other times on grass and not broken anything. He was unlucky that one time.

thiswould · 18/06/2016 23:43

Your child has had an accident. That's it. An accident. Whilst it's traumatic please don't look for compensation.

It's a really seedy culture that looks to blame others for an accident.

I hope your daughter makes a speedy recovery

AnnPerkins · 18/06/2016 23:43

DS was off school until 10 days after his accident. The surgeon wanted him to wait until he had a proper cast on.

DesolateWaist · 18/06/2016 23:44

Was it soft play or just an outdoor playground?

Original poster

Cat1984 · 18/06/2016 23:45

AnnPerkins yes that's the same break she had, I just want answers, I was only asking about the sueing or compensation because everyone else is saying that's what I should do, I just want my little girl to get better again

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leghoul · 18/06/2016 23:45

it was probably an accident,but if negligence was a factor in it happening she's still able to sue - however it would be the sue, not the farm, as the school has the duty to supervise the children appropriately, and also the duty to ensure such places are safe/ safely run even when off school premises & overall duty therefore does not pass from school to third party when in school's care (save in very exceptional circs)

leghoul · 18/06/2016 23:45

the school, sorry *fuzzy eyes

TooMuchMNTime · 18/06/2016 23:45

OP I hope your daughter makes a full recovery
Re suing, maybe ask on the legal board but when I had a major accident I was told I had three years to sue. So I'm pretty sure you can concentrate on DD for now and sue later if you wish.

If you see the accident report you might decide not to anyway. (I didn't).

Original poster

Cat1984 · 18/06/2016 23:48

No they're not badly behaved, they run around a lot and the teachers are worried about them knocking her arm accidentally. It's in a half plaster and sling

OP posts:

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