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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:
AliOlis · 14/09/2023 17:38

Cubic · 14/09/2023 17:35

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.

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But it's clearly not a negligence case, so I'm not sure why the fact it might be considered one even entered your head.

Janieforever · 14/09/2023 17:40

Ok so he was playing a game of chase and fell over. How was the organisation neglectful. You need to articulate this. What do you feel they should have had in place, been able to foresee and neglected to do so that caused your son to fall.

sadly. Contrary to many folks thoughts, not everything is a compo case. Accidents do happen. You need to prove negligence.

and be very careful of no win no fee lawyers. Becayde if you win, many make you liable for the whole fee. And you can win one grand and have fees of 10. You won. There is a fee. And it’s the whole fee.

CarPour · 14/09/2023 17:40

Cubic · 14/09/2023 17:35

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.

Show quote history

What do you think they did that you are so concerned they avoid in the future? How do you think they are negligent? Don't think about the outcome think about the action.

What about a simple complaint?

Don't pretend you are thinking of suing for altruistic reasons.

ZadocPDederick · 14/09/2023 17:41

No-one on here can really answer you, despite the confidence of some of these responses. On the face of it, letting people run around on a grassed area wouldn't be negligent but, for instance, was there any issue around people pushing and shoving, was the area overcrowded so people were more likely to be knocked over or trip over each other, were there trip hazards in amongst the grass, was it particularly slippery in which case were other people falling?

trulyunruly01 · 14/09/2023 17:42

Is it the case that the first dislocation has caused the possible tendency for future dislocations? I would doubt that. Sounds like the tendency was always there.
So you would be in the same situation had he fallen at the swimming pool whilst supervised by you and MIL - consultant would be saying the same thing.
So if you accept that there was no negligence involved in the first dislocation, it's hard to see where your case lies.

Original poster
Cubic · 14/09/2023 17:43

AliOlis · 14/09/2023 17:38

But it's clearly not a negligence case, so I'm not sure why the fact it might be considered one even entered your head.

Show quote history

Because mil is so adamant that I'm questioning my own judgement. Also as soon as I mention it to anyone in the real world after asking if he's OK, the question is am I claiming or some other comment to imply that.

OP posts:
Janieforever · 14/09/2023 17:44

Even if it was volunteer run if there was a negligence case not perusing could lead to other cases and other children being hurt

you need to explain why you think they were negligent and it caused your child to fall and why you think other children could be hurt due to this negligence.

LittleLegsKeepGoing · 14/09/2023 17:44

At face value it doesn't sound like negligence, just a simple accident that could just have easily happened playing at school or at home.

That being said it wouldn't hurt to have a conversation with the organisation to see the accident report from what happened to your son and discuss what sort of risk assessments they carried out to undertake the activities planned if you're concerned something may be amiss that needs addressing.

If you genuinely believe they've been negligent then you can pursue whatever action you think appropriate from there.

Janieforever · 14/09/2023 17:44

Cubic · 14/09/2023 17:43

Because mil is so adamant that I'm questioning my own judgement. Also as soon as I mention it to anyone in the real world after asking if he's OK, the question is am I claiming or some other comment to imply that.

Show quote history

Really? What an unusual social circle you have where everyone asks if it’s a compo case.

Thatsridiculous · 14/09/2023 17:45

Oh wow some people just want to take take take don’t they.

Quite shocking - your title specifically asked about negligence. You’ve said it was a low risk game on grass. You know there was no negligence but you are hoping someone will say there is.

Negligence means blame. It could have a significant impact on someone else’s life too if you pursue this.

Janieforever · 14/09/2023 17:45

Also, how old is your son op?

Original poster
Cubic · 14/09/2023 17:46

LittleLegsKeepGoing · 14/09/2023 17:44

At face value it doesn't sound like negligence, just a simple accident that could just have easily happened playing at school or at home.

That being said it wouldn't hurt to have a conversation with the organisation to see the accident report from what happened to your son and discuss what sort of risk assessments they carried out to undertake the activities planned if you're concerned something may be amiss that needs addressing.

If you genuinely believe they've been negligent then you can pursue whatever action you think appropriate from there.

No risk assessments for the activity were made.

OP posts:
Original poster
Cubic · 14/09/2023 17:46

It was supervised by an adult.

OP posts:
BoohooWoohoo · 14/09/2023 17:46

I think that your MIL is mad unless there's important details that were missed.
If your son naturally has a weak joint then it could have happened at any time even when he was playing while under your watch. It sounds like an accident.
I'm also assuming that it's not possible that the dislocated shoulder wasn't incorrectly dealt with and that he actually has a weak joint.

CrappyBarbara · 14/09/2023 17:47

I think the part that is confusing OP is that you haven’t mentioned any action (or inaction) on the part of the organizers that could even remotely be considered negligent, even in the everyday sense of the word. What exactly is your MIL suggesting the organizers could have done differently to avoid this injury?

NeverDropYourMooncup · 14/09/2023 17:48

You're right on this - it's just an accident, nobody to blame. They were running around and he fell on an outstretched arm.

MIL is overreacting and overstepping the mark here.

GrumpyPanda · 14/09/2023 17:48

Not a question of negligence I shouldn't think, but I'd be inclined to ask if the camp was insured for accidents - I've been on retreats involving physical activities in the past, and they typically would have carried insurance.

Janieforever · 14/09/2023 17:49

Op, is your child 16 or 17?

fiddlesticksandotherwords · 14/09/2023 17:49

Kids fall over. It was an accident.

In order for it to be negligence then there has to be something to cause him to fall over, and which should have been both foreseeable and preventable. If he tripped over something left in the playing area for instance, which should have been removed before the game started.

Doingmybest12 · 14/09/2023 17:49

Who was negligent and how?

Thegoodbadandugly · 14/09/2023 17:49

I absolutely hate this claim culture, it was an accident and you claim and they probably won't be able to go on anymore trips because someone wanted to make a fast few bucks.

Oblomov23 · 14/09/2023 17:50

Big difference between accident and negligence.

BeesandGees · 14/09/2023 17:50

I hate how people try to justify getting cash for simple accidents by claiming it’s a way to avoid future accidents. It sounds like nobody was negligent here and if stopping kids playing chase is the aim then future camps will be mighty boring. If getting cash is the motivation then shame on your MIL…. I broke bones multiple times doing daft things when I was a kid, never crossed my parents mind to blame (or claim) thankfully.

loobylou10 · 14/09/2023 17:51

'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'

If you're thinking you would be totally out of order pursuing a claim - you would be right.

HTH

Thegoodbadandugly · 14/09/2023 17:52

My daughter broke her leg at school in the playground, it didn't even enter my mind to sue!

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