can my son claim compensation?

[iwastooearlytobeayummymummy]

I'll try and keep this brief!
My son is now 12 but when he was 3 he was in a very poorly supervised hotel creche (blanket ban about children in the dining room after 7pm) when he fell over and bashed his head against a stone step.
(There were about 20 children and one sitter.
Most of the children were watching a DVD at the time,but he was running around at the time)
He gashed his head ,needed an ambulance to hospital, a general anaestheic and 5 stitches in his forehead.
I took photos of the step but at the time was soo upset by the incident didn't take it any further with the hotel (hotel in Cornwall BTw)

Now his scsr is still noticeable and hurts, especially when he plays sport, as it 'gets angry and red iyswim.

Would he be able to bring a claim after all this time,as I still have the hospital repeort and photos somewhere.

Thanks for any advice.

I think statute of limitations is 6 years on physical injury.

But I would need to check.

There is a time limit to file a claim. I suspect yours will have expired.
Phone a solicitor and ask
Although you will probably get one along in a minute...

Hmmmmm I think if something happens as a child you can claim as an adult IYSWIM

3 years from when they turn 18

www.simpsonmillar.co.uk/services/personalinjury/child-injuries-compensation.aspx

When we tried to launch a claim for ds we had a time frame to comply with.
Surely, for civil matters there must be a limit. Or how could a defendant possibly be expected to retain info and mount any reasonable kind of defense?

Ah. That makes sense.

Hmmmmm

You'd have to prove negligence. Letting your child run around and having him fall over a step, of all things, isn't necessarily negligent. Though I take your point about inadequate supervision, you may struggle to prove that this contributed to the accident. Would you have expected the supervisor to have told each child not to run around? That's what children do.

My view at the time was that the 3 steps in the play room were hazardous as they had very sharp brick edges and were not padded or carpeted. I did think there may be an occupiers liabilty to have a safe enviroment, especially for a childrens' play area.

also the hotel had a strictly enforced ban on children in the dining room after 7 and actively set up the free creche in the play area to facilitate this.

i did see a solicitor immediately afterwards and her view was to wait and see how the scar settled, as courts apparently award less compensation for facial injuries to boys compared to girls.

the thing is, the scar still hurts from time to time, especially when he is growing iyswim and when he is playing sports such as rugby or when his forehead gets sweaty.

I have photos( somewhere ) of the steps

When your solicitor said "wait and see how the scar settled" I'm sure she didnt mean wait 9 years.

Why are you thinking about it now?

Presumably as he now plays sports competitively and it makes it hurt?

You have until your son is 18 to make a claim on his behalf. Then he has a further 3 years to claim in his own right if you have not already done so .