What are the next steps after a restaurant highchair accident?

[BessieBye]

This evening we went to a local restaurant that we go to a fair bit. We had pre booked the table so it was set out with a highchair for my 7 month old DS

About 5 minutes after sitting down, my DH put my son into the highchair. For clarity it was an IKEA highchair with no tray, so the chair was tucked under and his body close to the table.

A minute later, the highchair fell to the floor - with my son in it. Turns out, the highchair only had 3 legs, one had been detached. The front left leg was missing so we did not notice as it was already tucked half under the table.

He fell still in the sitting position within the highchair and hit his head - it has a red mark and we have been to A&E, he’s fine. His chin must’ve missed the table by a cm.

My parents were with us and my Dad is ready to start WW3 and he told them to expect to hear from a solicitor. Manager of restaurant accepted that the leg was missing and it was their fault.

We left very soon after and obviously for me it is all a blur

My question is, will a solicitor actually achieve anything here? Is it worth it? He wants to pursue negligence

I am too shocked to be angry right now, I burst into tears everytime it replays in my head. I thought I was going to be physically sick.

thanks for any advice

What would be the point if taking it further? It wasn't ideal, but your child is fine.... these things can happen. If they've apologised, I would honestly just forget about it.

It was an accident. It wasn’t intentional and no one was hurt, although I’m sure you all had a big shock. Personally, I’d do nothing, other than be relieved DC was ok.

Firstly make sure the incident is reported in the venue’s accident book.

Secondly is there any lasting injury to your poor little chap? If not, what precisely would you be suing for? The purpose of legal action is to claim compensation for losses arising from someone’s negligence.

It was an unfortunate incident, must have given everyone a shock. But perhaps in the cold light of day everyone can chalk it down to experience and be thankful it wasn’t worse for your boy.

Not a lawyer.

in these situations lawyers look at costs incurred, either money or in terms of health.

if your baby was unharmed apart from a red mark I’d be surprised if there were felt to be significant damages.

That wasn't an accident. That was stupidity on the part of the restaurant. I would want some compensation (probably a free meal for the 5 of you) amd assurance the highchair has been chucked.

Incredibly unfortunate but it is just that, an accident.

Waging war with solicitors probably won't get you anywhere considering there is no injury. Right now you're in shock and distressed. Those feelings will dissepate over time.

I totally get how upsetting something like that is and how scary it is in the moment. I’m really glad that he’s ok.

in terms of legal case, it sounds like you would have a good argument they were negligent but ultimately you haven’t suffered loss - your son is (luckily) fine and nothing but a red mark, which will presumably fade within a few days. You haven’t suffered any financial loss. The fact that any negligence on the part of the restaurant could have caused significant injury but didn’t isn’t the basis for a claim.

If I was you I would move on from any idea of a legal claim.

I'm so glad your baby is fine, that's all that would matter to me. Just sounds like an unfortunate accident.

Appreciate this must have been scary but I don’t think legal action will get you any monetary compensation if that’s what your dad was aiming at. What does he want from it? You can inform HSE/the council and they will take it on, without the necessity of engaging solicitors.

It wasn’t “just” an accident though - the chair was clearly faulty, and should never have been placed at the table by the staff.

If there are no long term effects likely, then I think compensation is a bit heavy-handed, but I’d at least like confirmation from the owner that the employee has further H&S training.

How is it an accident? There were 3 legs, not 4 and the manager knew. Stupidity.

IANAL but I don’t think there’s a legal case for financial compensation, although the restaurant should be very, very apologetic. Luckily your baby is okay. The accident should be reported to the HSE.

Did he fall backward from the height of the highchair and hit his head on the ground? That's what it sounds like. I'd be absolutely fucking furious if that happened to me and yes I absolutely would sue. Get legal advice.

I'm glad the baby is ok.

There are no next steps if you and your child are ok! If you really need to pursue something, make sure they put a protocol in place to prevent this happening again…that’s it

What would you hope to achieve? Obviously that accident will never happen again there. Am glad your baby is ok .

Accidents do happen….. sounds like your child is fine so what do expect to happen,

who put the child into the high chair and moved it close to the table?

assume it want the restaurant staff so whoever did that why didn’t they notice the defective chair?

Thanks everyone - like I said it’s my Dad that wants to take this further, I am too shocked and feel sick to know what to do.

I guess everyone’s just very angry about it - an apology is not enough for me, but also I do not know what else would make it better and logically know there’s not anything to come from it

I don’t think my baby falling from a height after being provided with a broken high chair should be described as ‘not ideal’, but then again, I’m very up a height about it and if the intrusive thoughts weren’t bad enough, they’re even worse now.

In my country you would have no choice about pursuing them for damages. You would have medical expenses and your health insurance would enter a process called abrogation. They would want to shift those expenses to the responsible party if they were due to negligence. So my health insurance would talk
to the restaurants insurer and if they could not reach and agreement we would all end up in court.

in your case, I’m not sure what damages you have experienced. It was scary, but that is hard to claim in court. If you have lost wages or long term injuries it would be different.

What I would expect from a restaurant in a scenario like this is an apology and perhaps an offer to come back for a free meal to make up for the ruined evening.

He fell to the side, still sitting in the highchair. He has hit his head yes, his arm was trapped beneath his body. I’m glad you also would feel furious because reading these replies I’m starting to wonder have I overreacted. It was horrendous, he was screaming.

Disgusting

The child is fine. It was an accident. No compensation is needed to get him ongoing treatment as none is needed.
Back off, hug your kid and don’t go there again.

I am guessing you are wanting financial compensation (as they have already apologised)

Thankfully your child is not injured - if they were you could claim and receive monies in line with injuries and any future care.

You may get a small amount to cover parking at A&E, things like calpol, costs of the meal that didn't happen, settled between your legal team and theirs.

I am really glad your child is ok.

What has it cost you?

We did not need to move the highchair. It was against the table and we put him in it. We could not see the front legs as were under the table

I also think it wasn't an accident. It would have been very clear it only had 3 legs and it would also have to have been positioned in a certain way to ensure it was balanced, therefore the person who positioned it would have known it only had 3 legs. I'm trying to envisage which way it fell with the baby in it.

Was it the ANTILOP high chair?

No I am not here saying I want financial compensation. I am asking if my Dad wanted to pursue this, is there actually any outcome