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Legal matters

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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:
nobodysdaughternow · 14/09/2023 19:30

You want to make a claim op, so do it.

Then you will know if you can get money out of the system.

You will need to be honest though and stop pretending it is your MIL who is driving this.

Carpediemmakeitcount · 14/09/2023 19:31

Castleview6 · 14/09/2023 19:29

yes.. claim away and get your money. But people like you make people working to provide opportunities like this not want to bother. You’ll push up the insurance costs which will increase costs to others going there or even shut down the camp. But you’ll have your payout because your child fell in a field.

What if the child has life long disability should the camp be let of the hook?

Shewaswanton · 14/09/2023 19:31

How can you be sure there was no risk assessment? They don't have to be in writing nor do they have to be published or lodged anywhere

AliOlis · 14/09/2023 19:32

AliOlis · 14/09/2023 19:26

Yeah, it went from a "grassed area" to a "field full of rocks!" when op wasn't getting the responses she hoped for. I'm sceptical tbh.

Oh, and we've since had the drip feed of a broken bone as well, which was too insignificant to mention in her first post.
Op... Seriously?

Hana89 · 14/09/2023 19:32

You could definitely seek legal advice if you are concerned OP, but I think it was probably just an accident from the details you've given and I doubt there is a case for the camp company to answer.
You did mention that this game was extra to what was agreed, but was it far removed from the other types of game or at a vastly different site than the camp where the majority of games and activities had taken place? Either way, I'm sure a lot of legal firms will have an option to discuss a potential claim prior to signing up for their service, so that could be an option for you if you just want to put your mind at rest.

AliOlis · 14/09/2023 19:32

Carpediemmakeitcount · 14/09/2023 19:31

What if the child has life long disability should the camp be let of the hook?

They're not on the hook.

Carpediemmakeitcount · 14/09/2023 19:34

AliOlis · 14/09/2023 19:32

They're not on the hook.

The op better put in a claim then for negligence there insurance will pay out.

embod · 14/09/2023 19:36

My son has dislocated his shoulder 3 times. First time it happened in school. Never occurred to me to claim against them. Accidents happen. No one’s fault

AliOlis · 14/09/2023 19:37

Carpediemmakeitcount · 14/09/2023 19:34

The op better put in a claim then for negligence there insurance will pay out.

What? Confused

pilates · 14/09/2023 19:46

YABVU
I despair 😞

carly2803 · 14/09/2023 19:49

this is everything thats wrong with this country.

OP get a grip - it was an accident - hope hes ok.

it was just that though - an ACCIDENT

Ascendant15 · 14/09/2023 19:52

I fell off a slide my parents bought for me when I was 4. Ankle was sprained and a bit dodgy after. Had to have major surgery on it four years ago, probably always a bit weak since that fall.

I should sue my parents.

Bugger. They're dead.

Stuff happens when you're a kid.

FranticHare · 14/09/2023 19:54

YABVU

These types of ridiculous claims are the reason any adventurous activity will be banned. Future kids will be so wrapped in cotton wool, with every second assessed and reassessed for any risk. And should a risk be perceived, then nothing will happen.

I ran a youth group years back. We used rounded safety scissors for cutting for years, then one day one girl managed to cut herself. The mother couldn’t understand that me throwing away all scissors and banning cutting for any future kids would have been a massive over reaction.

Of course ra’s are important - but accidents will happen regardless. You don’t need to sue someone just because your son falls over!

Canisaysomething · 14/09/2023 19:54

Are you sure your son doesn't have a condition that makes him prone to stuff like this? Shoulder and joint dislocations can be related to hypermobility.

Cherryada · 14/09/2023 19:56

My son broke both feet at scout camp when he was 11 in a sports accident just because of how he landed. The scout leaders were great dealing with the aftermath until we could get there.
Accidents happen and we were keen to let scout leaders know that we absolutely weren't going to go down the compensation route as I was aware they were potentially concerned about this as they had prepared paperwork for the possibility. Actually made me feel a bit shocked and sad!

Nowthenhere · 14/09/2023 20:05

Voluntary or not, yes make a claim. Your child is injured and your MIL is correct.
Accidents happen and that's why the organisation has insurance.

AliOlis · 14/09/2023 20:06

Nowthenhere · 14/09/2023 20:05

Voluntary or not, yes make a claim. Your child is injured and your MIL is correct.
Accidents happen and that's why the organisation has insurance.

Accidents happen and no one is to blame. Fecking vulture.

Nowthenhere · 14/09/2023 20:07

Why shocked and sad?
The leadership team have reviewed their risk assessments and it ensures children are less risk next camp.
No one gets sacked, children just enjoy camps more knowing less risk.

AliOlis · 14/09/2023 20:11

Nowthenhere · 14/09/2023 20:07

Why shocked and sad?
The leadership team have reviewed their risk assessments and it ensures children are less risk next camp.
No one gets sacked, children just enjoy camps more knowing less risk.

The child was injured because of how he landed. How will future children enjoy camps more because they know there's less risk of doing the same?
You logic sounds extremely muddled. At best.

SavBlancTonight · 14/09/2023 20:15

Sorry, haven't read all posts. I know from ds' sport that rarger than suing for negligence they have insurance so.somwtimes you can make a plan for private medical care I'd, for example, you woukd have to wait for months on nhs or if a procedure is not offered on nhs. It's not an accusation or whatever, juat an acknowledgement that things happen and the children might need help. That's qorth checking - although the guidelines for insurance pay out may be specific.

But it's definitely not about negligence oe fault in this case..

BrightLightTonight · 14/09/2023 20:15

…. And this is what is so wrong with the current society - nothing us ever an accident and someone is always liable!

Soontobe60 · 14/09/2023 20:16

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.

No, shes a greedy fucker!

Bouncyball23 · 14/09/2023 20:19

Even if risk assessment was done no one could possibly know your child would fall over.so unless there is more to it child was pushed floor was slippery etc then no you can not claim.

Guavafish1 · 14/09/2023 20:34

I think contact a lawyer

OhcantthInkofaname · 14/09/2023 20:35

Camps usually have some type of insurance to cover these types of claims. Accidents happen and camps know that children can be injured. The insurance is there to protect the children and the camp. You would not be out of line for asking. I'm not saying you're trying to get money but to cover things that NHS does not cover in rehab.