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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to instruct a lawyer

167 replies

babyno5 · 14/07/2018 00:41

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?

OP posts:
InsuranceGirl · 16/07/2018 22:45

Yes the girl who fell out the window did substain injuries, nothing life altering but she’s had to have a lot of counselling (and still is) and operations on broken bones. You only tend to get so much counselling with the NHS which wouldn’t handle the amount of trauma she went through and to limit long term costs the hope is that with plenty of counselling she won’t have issues in the future which can be linked to her accident resulting in a higher payout.

Gosh it sounds so cold hearted putting it down but you have to remove emotions you have when looking at claims and risks.

Original poster
babyno5 · 16/07/2018 22:46

I guess it’s all about hard facts insurancegirl. I’m not surprised the poor girl was traumatised x

OP posts:
InsuranceGirl · 16/07/2018 22:58

It’s not, sometimes you need to think of the mental injury and not just the physical injuries but you do have to be able to detach from it at the same time.

Rocinante1 · 16/07/2018 23:02

That's now use. A kid can simply slide right through the hazard tape, dragging it with them as they are impaled on the pipe! It needs to have a physical barrier around it.

Sue them!!!

Moreisnnogedag · 16/07/2018 23:17

babyno5 I completely get where you’re coming from but the idea of ‘sue them’ as a scary thing is gone. Institutions expect litigation and it’s a business now. Lawyers will deal with it from both sides and on a no win no fee basis the lawyers will be looking to minimise costs to them and maximum payout. The schools lawyers are likely to admit liability rapidly which means payout is on the basis of your sons injury. Your lawyers won’t be interested in holding the school to account - once liability is accepted they’d want to wrap this up as quickly as possibly.

However an HSE fine is an extremely scary prospect for an academy school...

bionicnemonic · 16/07/2018 23:23

I'd want to know why the pipe was there, and severed like that - it looks as though at some point a half hearted attempt was made to remove it. Why didn't they bury it or build round it? The edge on it doesn't look rusty? which suggests it is a relatively recent break on the pipe? Or could it be a dirty (making it look rusty) lead pipe? which which be easier to imagine given the way it is broken (steel doesn't usually do that without a lot of force) and why would there be a steel pipe there anyway? What could it have been left over from? A lead pipe may have carried water at some point. The reason I'm making a distinction is because lead shouldn't be left around where children are (and it would be easy to soften the edges on it to make it safer if it was just ac are of not having had a chance to remove it)

Darkestnight · 16/07/2018 23:32

I dont have any advice but just wanted to wish your ds a get well soon and have a good holiday. The schook must take action and not just leave it there. Push it all the way Op

Original poster
babyno5 · 16/07/2018 23:40

Thank you darkestknight x

OP posts:
Twombly · 17/07/2018 00:21

I suspect this may need a two-pronged approach, applying H&S legislation to draw attention to negligence and issues around inadequate training/procedures etc, and then a separate PI claim to address physical suffering and sequelae, distress, monetary costs of dealing with these, etc.

Like several pp, I have won a PI action, in my case against an employer in relation to an injury sustained because of negligent working practices (think RSI-type thing). The case was not without its problems but was settled out of court for a sum in the tens of thousands. I had loss of earnings to think of but it was mainly the principle of standing up to a negligent (and very blase) organisation that drove me. I will say it was very stressful though.

A pp mentioned that you have 3 years to bring a PI action, but where the complainant is a minor that 3 years runs from their 18th birthday.

IANAL but imo you WNBU to go for it, or at least start the ball rolling by getting advice and documenting everything.

Scary stuff. Flowers for you and DS.

Original poster
babyno5 · 17/07/2018 11:18

Thanks twombly I’ve had to take him back to hospital thus morning as not happy with how it looked when I changed dressing and they’re admitting him and got him hooked up to IV antibiotics.
I know he’s in the best place but he’s my baby boy and just being so brave about it. Meanwhile I’m a wreck! x

OP posts:
Original poster
babyno5 · 17/07/2018 11:25

Oh and also had an update on said pipe-it’s still in situ but they’ve painted it yellow!! It just beggars belief!

OP posts:
bionicnemonic · 17/07/2018 13:02

Big hugs to you and your boy Flowers

jasjas1973 · 17/07/2018 16:11

@babyno5 just to make it clear, the nail (about 2 in long) went up through the bottom of her foot. and out through the other side it didnt hit any bones, that would have complicated matters!

if you d read what i wrote you d have realised this, antibiotics/tetanus are not given out for a damaged shoe.!

It equally should nt have been there but i took the view there was no lasting damage and the school put in place a more through pre race walk of the course for future events.
The school was very sorry and unlike yours put in measures to try and prevent it happening again.
Even now, i just dont see why you d sue them if all you want is to avoid this happening again, the case will take years, you ll get super stressed and may not even win.

I really hope your son gets better v soon and you all have a great holiday

InsuranceGirl · 18/07/2018 21:44

How’s he doing today @babyno5?

Original poster
babyno5 · 18/07/2018 21:54

insurancegirl we are still in hospital. Slight improvement today but not responding as quickly as they’d hoped for x

OP posts:
Sleepyslops · 19/07/2018 07:21

Just caught up. Poor lad! I hope he isn't feeling too poorly. Some kids will do anything to get off school Grin (joke!)

InsuranceGirl · 19/07/2018 07:47

Oh no @babyno5 have you updated the school so they know he’s been admitted as a result of what happened before they break up?

longwayoff · 19/07/2018 08:26

Check your household insurance. You may be covered for legal costs, if you are let the insurers argue it out.

ShatnersWig · 19/07/2018 08:51

Definitely sue, and I'm another who generally says not to.

Original poster
babyno5 · 19/07/2018 08:52

Yes insurancegirl I have and have meeting with them before they break up.
sleepyslops I said the same lol

OP posts:
Allthewaves · 19/07/2018 09:01

Problem with suing a school is that the premiums go up massively and then the money comes out of the schools budget so ultimately the kids have less money spent on them.

I think I'd be pushing more along lines of going to paper and getting it resolved.

Fluffypinkpyjamas · 19/07/2018 09:04

If the school may have been negligent of course you should instruct a lawyer. Your son is entitled to compensation for his pain and suffering and it would be remiss not to act on his behalf

This. Poor lad, I’m fuming FOR you. Definitely do it.

Original poster
babyno5 · 20/07/2018 18:05

DS home and had meeting with HT of school this morning. Whilst lots of “noise* was made it appears no action (other than painting pipe yellow) has been taken! Also appear that RIDDOR form not correctly reported as he was reported as “member of public”.
Gloves are now off.........

OP posts:
KokoandAllBall · 20/07/2018 18:23

Best of luck, and I hope your DS makes a full recovery now Flowers

Liliuk · 20/07/2018 18:29

Whatever you decided in term of legal action, you have every right to question their emergency protocol. This should not have happened.