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Original poster

Son needs an operation following camp, is there negligence

308 replies

Cubic · 14/09/2023 17:19

My son went on an organised camp with a well known youth organisation. He fell playing a game and has dislocated his shoulder. It has since dislocated again and the consultant says he now needs an operation to strengthen the joint and hopefully stop it dislocating in the future.

Mil has suggested we look into a personal injury claim but I'm not sure there is any negligence on the part of the camp, it was an accident. She's raised the point that it could cause problems in different areas of his life etc

Has anyone any experience of something similar or know if it would be classed as negligence? Surely accidents are just accidents sometimes?

OP posts:
MatthewsMumFromTikTok · 14/09/2023 17:21

He fell?

So it was an accident.
Is he usually clumsy?

Zebedee55 · 14/09/2023 17:22

It sounds like an accident (I had an accident prone son!), so, no, I wouldn't pursue anything. 🙂

Lunchmenuplease · 14/09/2023 17:22

Yes this sounds like an accident and I hate this culture of looking for a claim (your mil).
If he fell in your garden or when out playing who would you claim off?

I hope you don't go through with this, organisations can be ruined by things like this.
It's unfortunate but its one of those things.

KnickerlessParsons · 14/09/2023 17:23

Was it a particularly dangerous game or were the kids unsupervised and messing about in a dangerous manner?

Has anyone medical said that it could cause problems later on or just your MIL?

Privatelyliving · 14/09/2023 17:23

Would this well know youth organisation be volunteer run? You want to sue the people who gave up their summer to entertain. Your son for what was an accident (as you can't see any negligence)?

Nice work making sure the next lot of kids don't get to go to camp.

Original poster
Cubic · 14/09/2023 17:23

Not really, it was on a grassed area playing a chase type game.

I'm just looking to see if what I'm thinking is right or if I'm way off the mark and mil is right.

OP posts:
andrainwillmaketheflowersgrow · 14/09/2023 17:23

What was the game and how did he fall?

Kids fall all the time.

PotteringAlonggotkickedoutandhadtoreregister · 14/09/2023 17:23

He fell! It was an accident! If he had fallen with MiL would you sue her?

this is the reason why volunteers stop volunteering and groups such as your son’s fold.

ZeroFucksGivenToday · 14/09/2023 17:24

It was an accident. He fell playing. How on earth is that negligence. Inless they literally forced him to play a game against elite sportspeople 5 times his size or something.

accidents happen and they're horrid. My daughter fell off a climbing frame in a pub garden and broke her leg in two places. I get the worry, it felt ages to heal and she's struggled after the cast came off. But it was just an accident.

HicIocusEst · 14/09/2023 17:25

You would need to show that a risk assessment hadn't been done or if done, not enacted correctly, that your son was medicated inappropriately by first aiders on site, or that the accident was in some way caused by the organisation.

Very unlikely to get any £.

Original poster
Cubic · 14/09/2023 17:26

Also not volunteer run so nobody has given anything up etc

OP posts:
Beautifulsunflowers · 14/09/2023 17:26

Agree with pp. it was an unfortunate accident. Could have happened to any of the children there.

ManchesterGirl2 · 14/09/2023 17:27

We can't tell without more details. What was the game and the environment/ equipment? E.g. if he fell from climbing apparatus, was there a sensible surface underneath?

I agree that accidents can be just accidents too.

MatthewsMumFromTikTok · 14/09/2023 17:27

Not volunteers....but still living breathing PEOPLE?

Romiii · 14/09/2023 17:28

If it’s dislocated twice and needs surgery maybe there was an underlaying weakness which existed before the accident? Best check with consultant first

Treebark · 14/09/2023 17:28

Wise up. Of course you shouldn't be claiming.

Gnomegnomegnome · 14/09/2023 17:29

You would be better off posting in legal @Cubic

AliOlis · 14/09/2023 17:29

You child didn't trip and fall due to anyone's negligence. There isn't always someone to blame, you know.

Romiii · 14/09/2023 17:29

But I agree, it’s just an accident and not negligent.

Original poster
Cubic · 14/09/2023 17:30

Gnomegnomegnome · 14/09/2023 17:29

You would be better off posting in legal @Cubic

Thank you

OP posts:
AliOlis · 14/09/2023 17:31

Cubic · 14/09/2023 17:26

Also not volunteer run so nobody has given anything up etc

So not the point.

CarPour · 14/09/2023 17:34

How old is your son? Would you be happy for him to play a game of chase usually?

It was an accident. The fact he needs an operation is not the fault of the camp, and he may just as well have dislocated next week playing football in the garden. Children have accidents.

People sueing in situations like this ruins the fun for everyone else in the future. Even if you lose do you think the camp will ever let children play chase again? People are so desperate to sue these days it's ridiculous

Original poster
Cubic · 14/09/2023 17:35

AliOlis · 14/09/2023 17:31

So not the point.

Show quote history

Even if it was volunteer run if there was a negligence case not perusing could lead to other cases and other children being hurt. Not claiming because it's people/ volunteers etc is wrong if justified.

I think you missed the point of my post. I'm looking for my mind to be put at rest that I'm not doing the wrong thing by not claiming.

OP posts:
CheshireCat1 · 14/09/2023 17:36

Kids have accidents.

TheFairyCaravan · 14/09/2023 17:38

DS2 dislocated and fractured his shoulder playing rugby at school. It was just one of those things, in the same way as he fractured his ankle playing with DS1 on our watch. He did need surgery to fix it and he has got problems with it. It regularly partially dislocates, but he’s hyper mobile so that’s why.

It sounds like your son had an accident tbh.