Son needs an operation following camp, is there negligence

[Cubic]

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?

Just out of interest, who would you MIL sue if this happened in your own back garden?

thats a bit to much , a risk assessment should be made with every serious injury . Once it’s an accident , more than once sound like neglect

They all have insurance , they are obligated to have

Neglect?!

Her children have broken bones where ever they go apparently and then that changed to broken finger and sprained ankle. Her post did sound dramatic and worrying.

No, it didn't. Not in the least.

Broken bones in sports clubs and playing sport at school then she changed it. You probably didn't read the posters comments. You can only go on what people post on an anonymous forum.

Where did @TheaBrandt change her story? I must have missed it.

I don't know how many children she has I am guessing one broke her finger in netball and another sprained her ankle playing hockey which is not a broken bone it's damaged ankle ligaments. She didn't explain herself well.

Insurance companies don't just pay out though. You'll face litigation if they deny any wrongdoing and your son won't have an operation paid for. Litigation can take years.

It isn't accidental injury cover. It'll be something like public liability insurance / specific liability insurance for whatever they're running. If the insurers don't think their policyholder has done anything wrong, they'll appoint solicitors and defend the claim.

I made a claim before COVID a beauty therapist performed eyelash and eyebrow tint. I had an allergic reaction I went to my doctor to check my eyes and I suffered for a week. I was also DJing at a wedding luckily I was able to see again but they still looked very red. They probably thought I was smoking something. There was no patch test or assessment completed before my treatment. I tried to claim through their insurance and it turned out she wasn't covered for eyebrow tinting. I was told if I pursued it in court then there is a high chance she won't pay me compensation I can't force her to pay if I win. The op has a case and a solicitor will advise her accordingly no need for the scare mongering.

@Carpediemmakeitcount I am a solicitor. I work for insurance companies. I deal with courts on a near daily basis.

Slow day to day is it?

I can't hardly get hold of my solicitor or her secretary because she is busy but the poster above has time to post foolishness.

@Carpediemmakeitcount also, your post makes zero sense. You've literally just said you've been advised you have a case but the defendant doesn't have valid insurance to pay the claim. That means you'll have to pursue the company / individual directly and you have no idea if they have the resources to settle a judgment. That is even worse than suggesting an insurance company will defend a claim. Weird.

@kirinm Is there a definite payout just by making a claim? Don't they have to investigate first? Sorry to tag but just saw what you do!

You literally have no idea what you're talking about.

The op has a case
Based on what, in your educated opinion?

I don't do injury work and don't fully understand what's supposedly happened here but no, there is no definite payout.

Insurers will ultimately decide whether a claim is paid or not (it is their money after all).

Litigation is real! I don't know why someone is pretending that's scaremongering. And it can take a really long time. There are protocols to follow, rules that apply to litigation that need to be followed. It is unlikely to be one letter and they cough up.

That's what they told me they asked for my bank statement to proof I was there and luckily I paid by card. I sent photos of my swollen eyes. I found them online no win no fee they were slow at dealing with my case. I could have pursued it but I didn't want to ruin her business. She took tinting off the menu she learned something.

She can prove it with doctors notes and pictures of his injury. This is what a solicitor will ask for.

No, that is proof the boy had an accident. You have zero reason to confidently assert she has a case in law for negligence.

You know what you're talking about? slow day is it nothing to do.

I wasn't wanting to go through litigation. It had been suggested on here that there is insurance to cover injuries that have occurred by accident (non fault) somewhat like travel insurance. I did do a quick Google and it brought up a couple. I'm hoping if they do, it may help with private treatment to speed things up. This kind of insurance hadn't occurred to me until this post. Husband is trying to get hold of someone today to find out.

There is no question around where, when or who was supervising etc.

What makes you so sure she doesn't?