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?

No risk assessment completed or no written risk assessment.

What is it you think the organisation has done wrong? What is it you think they should have done differently?

It was a game? 🤷🏻‍♀️ playing games isn't usually a risky business.

I’m not even sure this is a young child. Suspect older teen/near adult. Could be wrong though.

I can’t imagine a risk assessment for a bunch of older teens playing on the grass.

If he tripped and fell in the playground at school playing tag would you be looking at sueing the school? If not there’s your answer

I despair at the world. DH works in insurance and sees this all the time unfortunately. What is wrong with people!

Some of you really don't read properly at all so you.

SHE isn't saying that anyone is to blame. SHE isn't trying to do anything negative to "living breathing people" nor ruin the summer for every child in existence for the next 40 years.

Christ on a bike.

Your son should sue himself for negligence.

Your mother-in-law is batshit.

SHE started this thread.

My son did the same at school, likewise my grandson during a games lesson years later. They had accidents end of. All this litigation will just mean no one does anything anymore.

That would be awful. Your son fell over. Why on earth would you sue and for what?

If he was chasing around in his friend’s garden when it happened, would you still want to sue? Or at school you would immediately sue the school?
Utterly ridiculous. Accidents happen. Perhaps you’d be better off keeping him indoors in future to minimise anything else happening 🙄
Both of my children had various accidents, one or two broken bones and not once did it cross my mind to seek damages.

Because of is pushing the agenda by further posts talking about supervision, assessments ect.

This is the reason many activities no longer happen. Accidents happen, no one’s to blame so I don’t see how you can put in a claim. It would cause a lot of stress to those that run the activity/camp and may stop them running it in the future through fear of a child having a accident.

Your naive if you beleive OPs "I don't want to sue but everyone else says I should" act

If you don't want to sue, then you don't start a thread about it and then post multiple times reasons to sue without ever explaining the age of your son or why you think the camp were negligent.

He fell while playing. There is no negligence.

Tell your MIL to stop being grabby.

I assume your MIL has never and will never let him run, play, jump etc unaided and without a risk assessment and a service provider facilitating the running, jumping and playing etc on case he ever falls and hurts himself

Your MIL sounds grabby, is thus about doubting yourself or hoping you have grounds for a parent?

How would a payment rectify his fall if you received one?

Hope your dc is better soon.

Your child fell and injured themselves, the club or group or whatever isn’t at fault here. No one is at fault here. It’s bizarre that you or your MIL would want to sue for this.

Is your MIL always this grasping?

Have they said there wasn't a risk assessment? I volunteered at Brownies and there were general risk assessments for games like chase etc, we didn't have to make a new one every time we played a new game.

I understand it's hard for your son to go through, but at the end of the day it was just an accident.

Couldn't have put it better myself.

OP: I don't want to sue this camp but just want to check I shouldnt

Everyone: great you shouldn't

Op: but no risk assessment

Everyone: no you shouldn't

Op: they aren't volunteers so it's not immoral

Everyone: still no

Op: Im only doing it to help others

Come on. Almost everyone has said not to sue, which OP claims is her opinion too except she's still trying to justify suing?

How do you know no risk assessments were made? Have you asked to see them?

My youngest son was forever having accidents ( impulsive due to his ADHD) I could have spent half his teenage years trying to claim for some accident or another I never did. I’m firmly in the accidents happen group.

On the one hand they will have insurance if you want to try to cash in.

On the other hand accidents happen. And whilst you say no volunteers involved - a youth organisation still means a charity.

If this is an organisation that runs events with children, they may have an insurance policy that covers injuries caused by accidents. Sure aren't 90% or more injuries that people sustain caused by accidents (probably higher than that figure).

I know for our residents association, we had to pay public liability insurance when we wanted to have a fun day in our estate.

It's crazy but there might be some space between suing and not suing - there may be an insurance policy that you could claim medical expenses from. You wont know unless you ask the organisation/organisers.

What is negligent? The fact they were in their company when they fell? That’s it literally. If you’re in the US go ahead as they seem to sue for everything but this was just an accident. Should I sue my SIL as my daughter rode her cousins motorised scooter when staying without my knowledge and broke her wrist? Of course not