AIBU to instruct a lawyer

[babyno5]

Yesterday my 12 year old DS sustained a very deep and long laceration to his leg after slipping in a grassy slope at school and ripping leg open on a rusty pipe which was sticking out the ground. It nicked an artery and required 15 stitches to close it.
He’s in such a lot of pain and I am just beside myself-partly because I know the outcome could have been so much worse.
Also furious it took the Headteacher 24 hours to contact me to ask how he was.
To clarify this is not about the money but it’s about making them accountable and face up to their negligence.
To make it worse we go on holiday in 3 weeks to Florida and we have paid for just about everything there is to experience there so the kids have a holiday of a lifetime. I would hate him to miss out on anything as he has been so excited about going.
WWYD?

stepbacknow the HT is the “responsible person”. As the saying goes “with great power comes great responsibility”. I expect her to have a suitably experienced team in place to risk assess and maintain the school grounds. I run a large factory. No I do t personally inspect every piece of kit myself but I have a great team who are qualified to do that for me. My job is to ensure that all the output from the risk assessments and audits is actioned in a timely manner to ensure there is no risk to either the workforce or end consumers.
Had my son cut himself doing metalwork or broke his leg playing football I wouldn’t be feeling this way but he wasn’t. He was in a designated area of the playground having fun

I have fought and won a personal injury claim. It was very, very stressful and took several years although I would very much doubt that would be the case here.

You have, I believe, three years in which to make a claim. At present it is impossible to know if there are any long term implications, the extent of the scarring or for how long your son is in pain or inconvenienced.

Keep record of appointments, all and any medical letters and receipts for any costs at all including for example, hospital parking, additional taxis, wheelchair hire.

Then later, when the dust has settled consult an experienced and reputable lawyer and ask the question. They will consider if there is a claim and place a value on it. It will be more complicated than you expect.

The issues you have regarding pasterol care and medical care onsite are rather separate in my opinion and a letter to the head teacher and governors asking how this was allowed to happen and stating your dissatisfaction with the care provided should be written straight away. Without mentioning any legal action at all.

I hope your son recovers quickly from such an upsetting and painful injury. And yes, of course compensation exists for pain and suffering (psla: pain, suffering, loss of amenity - unfortunately it tends to be low amounts even for life changing injuries ).

Why not ? its just business. Kerchinng... Every cloud has a silver lining.

Will you be paying or will it be a conditional fee arrangement?

Glad you are asking to see the RIDDOR op. If they can't provide it you can report to the concerns and advice team at hse. I'd be stunned if an inspector didn't issue a notice prohibiting use of that area - nonsense to have a teacher standing guard as opposed to properly ensuring nobody can go near.

Caroldecker your information is incorrect as regards personal injury claims - they can claim for distress and suffering.

With a minor you have until their 21st birthday to bring a claim, not just 3 years (unless, coincidentally, the accident occurred the day before their 18th birthday).

@glintandglide that's what the injury lawyers are there for. I'm not one for suing but if my DD's school reacted this way, I'd be suing the pants out of them too.
In fact, she fell after she had stumbled over a concrete block at school which was unguarded. She injured her knee and her elbow pretty badly but not enough to go to the doctor, fortunately. But I called the school straightaway and they inquired whether she was OK, the principal talked to her in person and got her to show her where she fell so the block can be either removed or have some sort of warning attached to it. That was professional approach, unlike the OP's case.

@clandestino is that to me? I don’t really understand how it relates to my post? I didn’t say don’t sue, I said be careful about how much money you want to commit to it.

limpopobongo is much rather this hadn’t happened so “silver lining” as you put it is highly inappropriate and downright offensive

Definately take it further they appear to be clueless about safety, recording incidents and first aid. Your son could have bled out left standing with an artery open. No pressure applied to wound, was someone monitoring the tourniquet? How stupid are they not to know this and not call am emergency ambulance from blood loss alone ever mind his pallor and sweats?

This is one time when taking it all the way is appropriate. Hope your ds gets over his shock and enjoys his hol (i am sure once there it will take his mind of it)

Thanks willow he’s currently on Tripadvisor looking at “essential restaurants”!! Keeping him home next week as I don’t want anything jeopardising his recovery x

www.gov.uk/health-safety-school-children

Suing is not the way forward.

Do you know how much legal fees will be? Or how intrusive it will be for your son?

You know a legal argument could be "the child is difficult and prone to causing trouble, no other child has had a problem and parent just wants money"? Now, this is a disgusting thing to suggest and attempt to prove, but I've seen lawyers do this kind of thing and so much worse. Really, utterly disgusting like you wouldn't imagine.

Just be aware of what you are potentially exposing your child and family to.

Tell them you will sue and make them believe you by all means, as well as getting other parents involved, this will make a difference. Report the school to authorities and have accountability that way. They will actually investigate. Someone may be warned or things may change. That doesn't happen if you involve lawyers, it just comes down to an money, insurance company and a fight. No one answers for anything and the delays are ridiculous.

I've seen cases of practically nothing tie up court time, whilst serious negligence cases (birth injuries, serious disabilities, death) are delayed because of the backlog. Also don't do this.

I’m totally not into suing but ffs this is awful. Please, sue.

Did they not give him entonox whilst suturing the wound, the poor lamb.

I would see a lawyer mainly to prevent it happening to another child.

Also contact your MP if it’s a state school.

As someone said, precedents on payouts guide any award of damages.

Loss of a limb can be 10-20k.

Full recovery, not traumatised to mental illness, not disabled, a scar. Where do you think that would fall with that in mind?

Plus money means nothing to a child, he won't feel better because an insurance company writes a check. If you get anywhere near that far.

Count your blessings that it wasn't worse (or read a birth injury case judgement and see if you really feel the same path is appropriate), tae action to have the situation fixed.

The only ones who win in these situations are lawyers.

Yep, you should take this further. I’m an education lawyer (don’t ask me anything thanks!) and I see loads of cheeky fucker situations but yours is not one.

WTF is an education lawyer?

Some people have a very bizarre idea of the legal process, arguments and compensation levels.

OP, please do PM me if you need any advice, as I do this day in, day out and can tell you honestly about what you could expect regarding it all (I can't value the injury, however, or advise you on liability, as that's impossible without a medical report and the paperwork which would decide on liability). Generic advice only!

gingham I advise universities (mainly) about all sorts of issues: student disputes, consumer law, governance, employment of academic staff, regulatory things such as their relationship with the Office for Students. I also advise schools.

That pipe looks horrific

Sue the arse off them, if not just so they don't be such lazy twats in the future. Also question why the fuck the school facilities manager hadn't already noticed, cordoned it off or rectified it?! Same as in the work place.

I came on here expecting to roll my eyes and tell you that of course you were being unreasonable. Are you heck. The pipe being there is negligent and should have been dealt with if it wasn't a very recent development. However the schools handling of it is completely disgraceful.

I hope you and your son have recovered a little today and that you get good representation quickly.

There’s some really good advice in here from lawyers and some really poor advice from non-lawyers. Hope the OP gets legal advice.