Boy breaks grandmother's arm by accident

[Nimbostratus100]

I am not going to say what happened next and what I think until I have heard a few objective opinions on here

The facts of the case

12 year old boy in sports club, leaving the main entrance on his skateboard, which he has been told is not allowed in the building, knocks over the grandmother coming to collect another child. The grandmother has a broken arm and needed an operation

This is a fairly elite sports club, you need to be able to play to a certain standard to by allowed to join. This boy has played there for a year. No serious trouble, several minor reprimands. Reasonably good player. Turns up for the team probably 80-90% of the time.

This happened last weekend. The sports club is meeting tomorrow. The parents have just heard that this boy has/has not been expelled and will/will not be there.

What do you think should happen? why?

I am allocating the voting by a toss of a coin to be random!

YABU - the boy should be expelled
YANBU - the boy should not be expelled

also, what else should happen, as well as/ instead of being expelled?

Thank you

Do point out why legal action would be doomed. The kid is 12years- I suppose that he lives with his parents. The lady was injured and required an operation . I suppose recovery is unknown and could be less than 100% m. Perhaps she won’t be able to do her job and/need medical care isn’t all off the nhs. All adds up to a claim. A compensation lawyer would be able to determine what to do.

More ridiculous exaggaration. Do you know what a lynch mob is? How insulting to people who have been murdered by lynch mobs to compare them to a disobedient child getting appropriate consequences for causing a serious injury.

The owners of the building will have Public Liability insurance, whether the building is owned by the club or not.

It sounds like this kid doesn't come from a good, supportive background, and isn't being taught the greatest lessons at home. Many MANY studies have shown how good club sports are, especially for young men / boys, in preventing future law breaking and similar issues. He is 12. A child. Children don't always make the best decisions. Yes, somewhere in the world a 12 year old will be out working to support his family - that is an awful, and horrible position and should not, ever, be held up as a positive thing. 12 year olds make stupid decisions. They are not adults. There is a reason they're not considered adults. Their decision making processes are, frankly, pretty terrible at that age still. That's why as parents we feel like we're constantly reminding them to shower, do their home work, make sure they go to bed on time etc etc etc. In any other thread here we would be constantly reminded that their decision making processes aren't fully formed - they don't, by law, have capacity and there is a reason for that.

Some of you all need to stop and remember this is a CHILD. A child.

It has been explained a number of times on this thread. Parents can't be liable for the actions of their children, the boy himself could be liable but there is no point in suing someone who has no money. The club has discharged its duties by having a rule against this conduct, reminding the boy of the rule, and sanctioning him when he disobeyed it. The best lawyer in the world can't change the law.

OK, it's flowery language, but the parents want him chucked out of the club and away from their cherubs. There's nothing indicating that he hasn't had to miss any sessions.

People seem to be reluctant to answer the question why other parents are deemed to know more about what is appropriate than the people who actually run the club.

Parents aren’t liable but the boy is because he is 12years. His parents might have insurance that includes their son. The Injured lady has three years to claim and the ruling can be made for six years against the minor so at the minimum when the child is 18 years and liable. The club told the boy of the rules but the accident took place on their property. They will have insurance. There is a lot a lawyer can look at. Think if it was you and you couldn’t work and had medical costs and couldn’t drive or cycle and had to adapt your house (even with the nhs there are costs). You would look to get compensation because you’d be out pocket and suffering. A compensation lawyer is the way to go for checking all of this.

Don't be silly. No-one for one moment believes I thought the adults literally wanted to kill the boy.

Tell me, if you're talking to someone who is in a hurry and they say "I really must fly", do you say to them "Don't be ridiculous, you can't fly, you haven't got wings"? Or if they say "It's blowing a gale out there", do you say "Nonsense, it's only 38 km per hour, it's got to be 62 before it's a gale"?

If you can't deal with the use of metaphor and figurative speech in language, maybe discussion forums aren't for you.

Wow you really don’t understand the law do you? 😂

I feel for the 12 year old.

The way the other parents are behaving is awful.

I guessing that you think you do lol

Why say it if you don't mean it? Oh I know because you want to be unpleasant to people who disagree with you. If you think comparing hurrying to flying is in anyway comparable to suggesting consequences for a child is the same as a lynch mob you need to have a think.

If you can't respect the feelings of people who have had family literally killed by lynch mobs maybe you need a bit of education.

Some of us feel for the woman needing surgery and possibly facing her life being significantly changed.

@ancientgran I feel for her too but also feel sorry for a 12 year old child who has been ostracised by other parents for what appears to be an accident.

A lawyer taking on a claim needs to have a reasonable assurance that they will actually get paid. Do you think anyone is going to take on a claim on the off chance that the parents might have insurance that might cover liability for what children do outside the house? That sort of insurance is rare in any event and tends to cover only situations where there has been a failure of supervision by parents.

No idea where you get six years from. The time limit for personal injury claims isn't extended where the defendant is a child. The fact that an accident took place on the club's premises doesn't automatically make them liable.

Yes, in that situation I would probably want compensation. What I would not want to do would be to waste time and money pursuing a claim that is doomed to failure. I would probably have a look at my own insurance.

I'm guessing that @Blufelt doesn't just think she knows the law, she actually does.

Patineur is correct, if you RTFT you will see why. There is no evidence to suggest the club are liable. He was warned, ignored the warning and injured someone as a result. The club punished him, they did not excuse his behaviour. The boy is 12, has no money and legally his parents are not responsible for his actions, so she can’t sue them. If she were to sue the boy she would have to wait until he was 18 before he made reparations and even then, if he doesn’t have the money it’s pointless. He hasn’t committed a criminal offence so she can’t claim criminal injuries. No compensation lawyer would touch it because there’s nothing to be gained.

Funny how sensitive and precious the rabid ones always seem get ... and they call us 'snowflakes'. They really don't like their bigotry being called out.

LOL

3300 votes now, and still 64% think it is unreasonable to expel the child. Thank God. For the others - you are clearly on the wrong side of this argument. The will of the people is clear. You've lost, get over it. Isn't there something horrible that Meghan Markle hasn't done to your satisfaction this morning that you could more usefully be obsessing over instead?

Do point out why legal action would be doomed. The kid is 12years- I suppose that he lives with his parents. The lady was injured and required an operation . I suppose recovery is unknown and could be less than 100% m. Perhaps she won’t be able to do her job and/need medical care isn’t all off the nhs. All adds up to a claim. A compensation lawyer would be able to determine what to do

Legal action will be doomed because neither the club nor the boy are likely to have any assets. Of course, if the boy had an inheritance and has a couple of million in the bank, it might be different.

Think if it was you and you couldn’t work and had medical costs and couldn’t drive or cycle and had to adapt your house (even with the nhs there are costs). You would look to get compensation because you’d be out pocket and suffering

Perhaps we should all take out our own insurance against this sort of thing.

I'm amazed at the escalation of the woman's injury. She's broken her arm, but now she's going to be disabled for life, can't drive, can't cycle and needs to pay to adapt her house!

It’s not an off chance and not rare. A compensation lawyer will get all the details lined up and know what to do. Having a look at your own insurance is good but that would be if you had caused the injury. I’m not sure the insurance would pay out for loss of work etc. Again this is where a lawyer would be able to check. Your insurance might pay part of the legal fees. The best is to get professional advice.

Quiet down everyone, @Mark19735 has spoken.

In tears now, of mirth that is. Thank you for that.

If anyone is ‘rabid’ this morning it’s @Patineur who doesn’t like the fact others disagree.

In response to your response, it seems you’ve drawn the conclusion I made up ‘one thing’, you assumed, I assumed you didn’t want consequence imposed. Ok. No, it’s was the flippant attitude to the injured party who appears, other than to have no actual recourse other than possible some gardening done.

I must say, I struggle to see how using a well-known metaphor amounts to being unpleasant to people who disagree with you. I am simply pointing out that the use of non-literal speech is entirely normal use of language. i

If anything, ignoring the common use of a well-known term and pretending to interpret a two word metaphor as meaning that I think people want this boy killed is where the real ridiculous exaggeration lies.

You can get personal insurance that covers injury to you and is not limited to injury you have caused.

The glaring inconsistency here is that the police were called to the school because the child hurt the teacher intentionally. There would have been a criminal element. There was no intent here - the child was careless resulting in the injury. Not the same thing.

Why pay for professional advice when you already know that said advice will be that no lawyer will take it on because there’s nothing to be gained.