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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:
Confusedbeetle · 20/07/2018 18:37

No I strongly disagree with this. It was a very unpleasant episode an no doubt lessons will be learnt. Lawyers play no part in this. Compensation is spiteful and does not undo what has been done. It smacks of"someone needs to pay for this" You are angry. Consider your feelings carefully and your motives. Your son will recover better with love and support and be working together with the school. You are entitled to have a discussion to ask what they are doing to prevent another similar experience happening to another child, but money? Really? what will that achieve? You need to build trust with the school and work together, not push to a defensive culture of scapegoats. If you were in charge of a child and an accident happened would you expect to be sued? Your son does not need to learn the culture of blame and compensation. It is very ugly

ChazsBrilliantAttitude · 20/07/2018 18:47

Confused
If you left a known hazard (or a hazard that should have been known about) in a place where it was entirely foreseeable that someone could get injured, potentially seriously then it is not just an accident but potentially negligence.

So if you have a bit of rusty pipe sticking up in a children's play area you need to do something about it as it is entirely foreseeable that someone could get injured.

KokoandAllBall · 20/07/2018 21:43

no doubt lessons will be learnt.

Painting a hazard yellow doesn't stop it being a hazard, it just means they can claim they took some (feeble) safety steps if another child is injured.

If that pipe was in my garden when my DCs were young, I would have looked into some way to either remove it or cover it with something sturdy so they couldn't fall onto it. The school has been negligent, and babyno5s child has been hospitalized twice because of it. I don't like blame culture either, but that's not what this is.

TigerDroveAgain · 20/07/2018 21:50

Confused

That’s bollocks.

HTH

OP did you speak to your potential lawyer?

Original poster
babyno5 · 21/07/2018 22:47

Yes I’ve spoken to a lawyer. If I’d felt they had taken swift corrective action I’d feel less inclined to make it legal but they haven’t. HT clearly thought yesterday was a “shmoozing” meeting

OP posts:
Original poster
babyno5 · 21/07/2018 22:49

We have also made a pre emptive call to our holiday insurers to make them aware of situation and they also said we are right in consulting a lawyer as if worst happens and we can’t go on hols they will be looking to recoup the £20k that we’ve forked out for hols

OP posts:
Rocinante1 · 21/07/2018 22:52

@babyno5

What the insurance company got to do with your lawyer though? They'll have to pay you... If they then choose to go after the school, then surely that's their look out? Any payment your lawyer gets you from the school is yours, it won't go to the insurance company for them to recoup their payout so it's nothing to do with them?

Original poster
babyno5 · 21/07/2018 22:59

Yes Rocinante1 I am fully aware of that I was just stating what insurance company said

OP posts:
enbh · 21/07/2018 22:59

Definitely speak to a lawyer, I'm a lawyer (not a personal injury lawyer) but I know it's something you could have a chat with somebody about, it sounds like you would have a viable case.

It sounds awful btw hope your DC s better soon Flowers

Original poster
babyno5 · 21/07/2018 23:00

I suspect they meant it was easier for them if it’s looked at as part of a negligence claim rather than they do it on their own

OP posts:
Original poster
babyno5 · 21/07/2018 23:01

Thanks enbh certainly seeing an improvement today-he’s got his sense of humour and appetite back!

OP posts:
MissEliza · 21/07/2018 23:04

£20k for a holiday to Florida? How many people are in your family?

Rocinante1 · 21/07/2018 23:10

@babyno5

Just as long as they don't try to get out of paying as you have a legal case pending which could result in a payout without them handing you money. I've only had to claim on my travel insurance once, but it was like getting blood out a stone so I hope they don't think they can find a way out of it now they know you'll likely get a payout from the school.

Original poster
babyno5 · 21/07/2018 23:12

misseliza us plus 5 of our 6 children

OP posts:
InsuranceGirl · 22/07/2018 08:56

For the holiday company asking if you are taking legal action against the school it’s so they can look to pay out to you and then recoup their payout to you from the school - does mean the school would be paying out to two different parties if they lose the case (force of habit that I have to say if with my work!) - the holiday insurers and you.

We see this a lot when there are multiple parties involved, it’s why these sorts of claims take so long to settle and because it looks bad on your insurers the amount of times they take they tend to do their claim against the responsible party separately.

numptynuts · 22/07/2018 09:20

I'm with you all the way OP. If there was any doubt proceeding, painting the pipe yellow would have eradicated any doubt. That's just taking the proverbial.

riceandpeas123 · 01/08/2018 22:06

OP, just catching up with this again. RIDDOR wouldn't be incorrect to say your son was a member of the public - the HSE distinguish between protecting employees and protecting people other than those in [their] employment. If HSE were to prosecute the school it would likely be for s3 HSWA. Hope your son is feeling better and that things have moved on somewhat from last update.

WiseUpJanetWeiss · 01/08/2018 22:37

No, this was RIDDOR reportable. www.hse.gov.uk/pUbns/edis1.pdf
OP hope your DS is well again and you can go on your holiday.

nomad5 · 01/08/2018 22:46

Lawyer here

Am very glad you're seeing a lawyer. Hope you get a good outcome.

School having the frighteners put on them by lawyers and potentially having to pay out is what will guarantee this doesn't happen to another child (proper procedures put in place). HT sounds like she needs a kick up the arse with the boot of reality Grin

Hope your son feels better soon and your holiday can go ahead

riceandpeas123 · 01/08/2018 23:24

@WiseUpJanetWeiss was that a response to my message? I didn't suggest it wasn't RIDDOR reportable...

RedRedBluee · 01/08/2018 23:35

I say you should sue.
My friends parents sued due to a similar incident, but less serious, which happened to her when she was a teenager.
She cut open her palm on a rusty goal post. I don’t remember the exact amount but she did receive a few thousand pounds.

RaspberryPi1 · 01/08/2018 23:41

This is not about money, yet you are looking to claim 20k.... ?!

ChasedByBees · 01/08/2018 23:55

Well yes, of course if the OP can’t go on a holiday that has cost £20K, that needs to be recouped.

CanuckBC · 02/08/2018 00:22

babyno5 I really hope that you not updating means your family and you are enjoying the US!

Update when you can. I hope your son is healing well😊

WiseUpJanetWeiss · 02/08/2018 07:12

@riceandpeas Sorry, yes it was. That’s how your message came across, and still does (could be my brain not working!) Glad we agree anyway.