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Legal matters

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Shop accident.

96 replies

ShopAccident · 12/04/2023 22:59

Hello, my son had something fall on his head in a shopping centre today. I was quite shaken by the incident myself, the shopping centre manager put ice on his head, did a first aid check & gave me advice on what to look out for, put us in a taxi, gave me money to pay & phoned me later.

I noticed a woman taking photos of the scene as I sat comforting my son & wondered if she was going to give them to me but she must of walked off & I didn't think anything else other than worrying about my son.

Since getting home though I've had multiple people tell me I 'Should make a claim' & also being quite nasty about the fact that I 'Just walked away' & that what the shopping centre did 'Just wasn't good enough'

Is it worth claiming for this or should I just let it go? He has a bump & has been very sleepy & he's upset about what happened but other than that seems ok.

OP posts:
Agitatethebumcrack · 12/04/2023 23:05

What do all the people who think “what the shopping centre did 'Just wasn't good enough'” think should have been done instead then? It sounds like the manager reacted well imo.

However, you seem to be saying son is sleepy due to the bump on the head. In which case you need to take him to A&E to be assessed.

Grrrrrrrrrrrrrrrr · 12/04/2023 23:08

If he is sleepy, you must get him to A&E. can be a sign of serious head injury.

SoupDragon · 12/04/2023 23:12

I agree. If he's been sleepy since it happened he needs to be checked by a doctor.

Needmorelego · 12/04/2023 23:13

I would get him checked out medically but I don't think you should "claim" anything.
However I think you should get in contact with the shopping centre and the relevant people who monitor the health and safety of the centre (probably the local council?) to make sure a similar accident doesn't happen again or whether there was any negligence and any future training or whatever needs to be done.

ShopAccident · 12/04/2023 23:20

Thank you all, we are watching him closely. He had just done a tiring activity so it was hard to say which part made him sleepy if you see what I mean (you know when you've been busy & then you just stop, you get sleepy)

It happened much earlier today, he was tired for a while but then he was running about like normal before bed, just complaining of a headache when asked.

I'm not sure, I said 'What else should I have done? I just wanted to get him home' (he was sobbing) & they said 'Stay & insist the shopping centre do more than just offer some ice'.

Thank you for the replies. I feel better already & that I didn't do the wrong thing by leaving!

OP posts:
Monty27 · 13/04/2023 01:35

OP general advice is to take your child to a&e and have him checked out.
What else do you want to hear?

wingingit1987 · 13/04/2023 01:36

I would definitely at least phone nhs24 for advice following a head injury.

ChocChipHandbag · 13/04/2023 01:44

People don't understand what a claim is for. It's to compensate you for financial losses incurred as a result of the accident. So for example when my relative was spinal injured in a workplace accident, the claim compensated him for house adaptations and loss of his career.

You don't get money in England & Wales just to say sorry for getting a fright or having a bit of a sore head for a couple of days.

If there are no losses there is no claim, even if the centre was negligent. I hope your son is OK.

Toomanyeastereggsagain · 13/04/2023 02:15

If you consider the store was negligent in how the item was stored ie: why did it fall and hurt your child you should contact environmental health.

Tannedandfake · 13/04/2023 02:22

‘Multiple people’
have you posted the situation on SM?
how do all these people even know?

redtshirt50 · 13/04/2023 02:26

Who are all these people saying you should claim?

Claim for what exactly? If he is seriously injured and therefore needs special care for an extended period of time, yes you can claim.

He has been running around like normal - there is likely no damage done.

Staying at the store and demanding (money?) from the store manager would have been ridiculous behaviour. The store sounded like they did everything they could in the situation.

Fraaahnces · 13/04/2023 02:34

Please wake him up every half an hour and check his pupils with a torch then. Ensure that they are the same size and react equally. He needs constant observation. If he has a fracture or any swelling, it could cause brain damage over the 12-24 hours after being hit on the head.

LaurieFairyCake · 13/04/2023 05:14

So what you might claim for is taking a taxi to A and E, a days pay because you had to sit in 10 hours in A and E, medication, time off work

Actual 'costs'.

Fraaahnces · 13/04/2023 05:16

Ffs, claims are the least of your worries. A kid with a head injury is a serious worry. Anything else is grabby and inappropriate.

HalftimeRain · 13/04/2023 05:23

A claim? They’re mad.

As others have said though, if he’s unusually sleepy, get him checked out.

ShopAccident · 13/04/2023 05:37

Thank you ChocChipHandbag. That's pretty much exactly my thoughts!
I'm sorry about what happened to your relative too.

redshirt Tannedandfake No I posted about it here that's all. It was 2 family members, one neighbour & one professional who was coming to see us anyway yesterday. (Neighbour was just being nosy tbh asking why she'd seen him crying when we got out of the taxi)

Toomanyeastereggsagain Thank you, I think that's it. The shopping centre is definitely at fault as it's an item that should be attached to the centre (without being too detailed) & definitely shouldn't be randomly falling. Thank you, if I call anybody it will be environmental health.

Monty I'm by myself with my kids, (despite mentioning it to people earlier) I always get really anxious when they hurt themselves anyway, it had been a long day & I just asked a question. I didn't 'Want to hear' anything.

Thank you for all the advice, it's really appreciated. My son is fine, he's been awake in the night just for a 'normal' night time wake up (& I also woke him on purpose) he's absolutely fine. I'd looked on NHS earlier in the day.

I will be keeping an eye on him of course just to be sure. It's such a worry when they get hurt isn't it! (I keep thinking about it & thinking 'I should of been walking on that side' etc)

OP posts:
MichelleScarn · 13/04/2023 05:57

What was the activity that he did after the head injury? Just to warn you not the best idea if you're concerned about concussion if it was sporty or energetic.

SD1978 · 13/04/2023 05:59

OP clearly thought he was well enough to do a strenuous activity post this, so the you're an irresponsible parent and get to ED comments are sodding ridiculous. As is waking him up every half hour overnight- close observation is recommended for 4 hours post a head injury, not the whole night. The only thing 111 could add- although you've already looked the information up, is post head injury guidelines, which is pretty different to some of the advise people are spouting here.........

ShopAccident · 13/04/2023 06:07

Oh sorry, I must have worded that wrong.

He did an energetic activity just before the injury, in the shopping centre. (It's got one of those several different types of activity centres upstairs across the shopping centre)

We were leaving the centre, where the activity was held, when he got hurt.

We went home after sitting with some ice/having cuddles while being watched by the manager & first aider, he snuggled on the sofa with a blanket & pillow, he was sleepy for a while (but not to the point where he couldn't keep his eyes open which is what NHS stated) then he gradually became more his 'normal self' leading up to bedtime. I kept him up later than usual just to keep an eye on him.

OP posts:
jalopy · 13/04/2023 06:13

How did the injury happen?

jalopy · 13/04/2023 06:14

Don't worry, just seen your previous comment.

ShopAccident · 13/04/2023 06:22

jalopy Yes, the item just fell on him as we were walking (I didn't see it hit just heard the almighty crash as it hit the floor & looked around)... I must have been a few steps ahead... I feel so guilty about that.

As I was comforting him (thinking he was upset about the noise) he told me it hit him & a shop worker came running over & phoned manager & first aid.

OP posts:
Galliano · 13/04/2023 06:53

ChocChipHandbag · 13/04/2023 01:44

People don't understand what a claim is for. It's to compensate you for financial losses incurred as a result of the accident. So for example when my relative was spinal injured in a workplace accident, the claim compensated him for house adaptations and loss of his career.

You don't get money in England & Wales just to say sorry for getting a fright or having a bit of a sore head for a couple of days.

If there are no losses there is no claim, even if the centre was negligent. I hope your son is OK.

its possible and commonplace to be awarded compensatory damages for pain and suffering. In this case the pain and suffering sounds fairly trivial but not non existent.
id be more concerned to contact hse as the shopping centre does not sound like a safe environment and a more serious incident could occur with another shopper in future.

LIZS · 13/04/2023 07:27

Did they complete an entry in the Accident book? What hit him? He really should be seen by a hcp today.

PseudoBadger · 13/04/2023 07:43

Please do report it to environmental health; children have been killed in similar events, for example by mirrors falling.