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Son - broke both his wrists first week in P1

84 replies

doolittle79 · 19/02/2018 12:42

Hello
My son broke both his wrists his first week at school falling from a climbing frame. I got nowhere with the school. Do I have a claim?

OP posts:
TheFirstMrsDV · 19/02/2018 14:32

Schools should not be immune from the consequences of negligence.
If there was negligence on their part the OP has every right to go to law.

Her child has sustained serious injuries. If the school is at fault are you seriously saying they should get a free pass just because they are a school?

What a weird mindset. How far does that logic extend?

UgandanKnuckles · 19/02/2018 14:32

^ lol well said @scrumptiousbears. I dunno how money = making things safer but ok .Hmm

beanii · 19/02/2018 14:36

And this is why the country is the way it is! He had an accident....end of...unless a teacher pushed him deliberately?!

londonista · 19/02/2018 14:38

TheFirstMrsDV most people have told her to go right ahead and make a claim, if she thinks she's got one. Doesn't mean those same people can't also doubt the motives/chances of the OP.

pepperpot99 · 19/02/2018 14:39

Where did you get the 50 accidents figure from?

Smartiepants79 · 19/02/2018 14:44

When you say 'accidents' what does that cover? A scraped knee or bruised shin? In a large school then a couple of minor accidents such as these would be perfectly normal. It works out about 2 per week.
If you're talking about 50 lots of broken bones in 12 months that's a different matter.

chickenowner · 19/02/2018 14:48

I hate this blame culture that we're living in.

Accidents happen. Unless you can prove negligence then no, you can't sue.

3luckystars · 19/02/2018 14:50

I think you should speak to a solicitor. Good luck.

PeppermintPasty · 19/02/2018 15:04

Speak to a solicitor, they will advise you as to whether or not you have evidence of negligence, and the likelihood of success if contemplating a claim. You need a personal injury lawyer. Find a firm local to you which offers no-win-no-fee, most do. I would steer clear of the big loud companies that advertise everywhere as they will never leave you alone and they are by and large crap at the job

Act now. Time is always of the essence with these things.

I am not sure why lots of posters are piling in to attack the OP. It is sensible to consider a claim based on the (brief) facts presented. All these people saying 'accidents happen' and being holier than thou, implying that they wouldn't do the same, I just don't buy it.

DoinItForTheKids · 19/02/2018 15:12

Me neither Peppermint.

Italianherbgarden · 19/02/2018 15:44

i'd check into it - if i was on my own and i'd lost a good part of 8 weeks of money i'd be pretty upset. It's easy to say you'll be the bigger person when you've no skin in the game.

tbh, the way you mostly get wrongs righted IS by enforcing unpleasant consequences like the council/school etc losing money.

CocktailsAndDreams · 19/02/2018 16:03

Actually, OP I think it might be worth seeking legal advice. For you to have to take the better part of 8 weeks off work because of his injuries is terrible. Your employer must be very understanding. If you are self employed that could be a devastating financial and business loss. Why couldn't the LEA provide a temporary LSA?

The first issue is that the area was cordoned off but he still went on it. How was he able to get to it? Is he old enough to know what it means if an area is roped off? Were the signs clear enough? Where were the staff to ensure no-one went on it? We have wooden equipment in our play area at school. On wet days red laminated signs are put on it to warn children no to go on it, and green signs are put up when they can use it. It's a simple system that all the children understand. Add to that there is always a member of staff on duty at the equipment even on red days because there are always kids that try to get on it and so they are there to prevent that.

Secondly, why wasn't there a trained first aider immediately available? At my school there is always a trained first aider on duty wherever possible and if they are on a break and are needed they come immediately, rather than waiting to finish their break Shock which is what your post suggests. It is appalling that the first aider didn't come immediately because they were on a break. Who gave you this info? This needs further investigation and review.

Lastly, what has the school said about the events? Are they fobbing you off or are they accepting that their procedures were lacking?

Greyland · 19/02/2018 16:10

CocktailsAndDreams how did you know this - The first issue is that the area was cordoned off but he still went on it?
Can't see the OP saying any such thing

TatianaLarina · 19/02/2018 16:14

From the OP.’s posts it sounds as if the equipment was cordoned off after the accident. You make a good point about signs on wooden equipment when wet.

To the posters asking about the types of accidents - OP said around 50 of which her son’s was the most serious. So I infer that it’s not 50 broken bones.

Greyland · 19/02/2018 16:15

Yes AFTER the accident not before as CocktailsAndDreams post implies.

PositiveVibes18 · 19/02/2018 16:28

It's not about the money it's about stopping these kinds of incidents.....yeah right OP jog on.

  1. How do you know there was no supervision
  1. They don't need signs up to say the equipment is slippery when wet
  1. If there had been 50 accidents like you claimed (would love to know how you know this) then they would all be in the accident book. Audits would have caught onto this and done a risk assessment as the school will have one on the play equipment.
Todayissunny · 19/02/2018 16:39

Poor thing. My ds had casts up to his elbows. That was bad enough.
The equipment sounds dangerous. I would start with the school and find out what they are planning to do about the safety issue. I think people object to you sueing because schools are already underway so much financial pressure and it might not v bring the results you want anyway.

BrutusMcDogface · 19/02/2018 18:35

Erm, excuse me but can anyone explain why my post was deleted?! Hmm

DoinItForTheKids · 19/02/2018 18:59

Don't know - give us a flavour of what you said!

BrutusMcDogface · 19/02/2018 19:02

I've emailed hq to ask why! I just innocently asked if the incident had been logged with the organisation that overlooks and inspects schools....would love to be enlightened as to how I broke talk guidelines with that.

Maybe this one will be deleted too?!

SlackPanther · 19/02/2018 19:06

If you have household insurance you might be covered for legal help to look into this. Call your contents insurance company and ask them.

Otherwise, as posters have said, try a ‘no win no fee’ personal accident lawyers. They won’t take it on unless they believe a claim would be successful.

I hope your child is O K now.

DoinItForTheKids · 19/02/2018 19:24

I almost daren't ask if it should be logged with the HSE then Brutus!!

CocktailsAndDreams · 19/02/2018 19:25

Sorry, I misinterpreted the OP's post about it when it was cordoned off.

Still, there should have been some clear indication to the kids that it was out of bounds for that playtime. PositiveVibes18 - I disagree with your point about not needing signs to show that equipment gets slippery when wet. Children of this age need visual reminders for this kind of thing; often simply telling them just isn't enough. Your point about risk assessments if true, though. OP - ask to see the risk assessment that should have been undertaken that morning and get them to verify that the action points it should have identified were followed.

CocktailsAndDreams · 19/02/2018 19:26

is true

Sorry am on my phone.

SockEatingMonster · 19/02/2018 19:37

Is your main motivation financial or wanting to make sure the school learn from it?

DD had a nasty accident at school a couple of years ago, culminating in a hospital stay, operation and pins in her bone. She still has some (thankfully minor) reduction in range of movement plus we lost hundreds of pounds on a missed a holiday. It was preventable (school had made a mistake and something unsafe had been left out where the children play) and we were very keen to make sure that everyone learnt from it and it did not happen again. Fortunately it was possible to do this by just talking to the head teacher. We felt that pursuing the school for money would be detrimental to the whole school community, including DD.

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