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

When DD was a year old she was on my lap when we were all sitting at a Costa. It was an outdoor table that folds up for storage and when it had been put out that morning it hadn't been clicked into place properly so as soon as I leant on it the whole table top flipped up sending coffee all over both of us.

It was a shock. Fortunately the coffee wasn't too hot but it wasn't a cold drink and she took the brunt of it. I had to go and get her a new outfit as she absolutely stank of coffee.

We got an apology and some free drinks. Which was fine. The odea of suing because of an accident that had zero lasting effects never crossed my mind.

It's done. Let it go and don't stew on it any further.

Of course it was horrendous.

It's pretty awful that someone deliberately put a 3 legged high chair at a table, I'd want to know how that happened. Or if the leg fell off somehow.

You're probably also feeling some guilt yourself for not noticing. That's natural too.

I’m struggling to understand how you wouldn’t be expected to take some responsibility for putting your child in a clearly faulty chair, which may make court action more difficult.

It’s not brilliant, it’s a poor mistake from the restaurant.

But you need to be able to show a quantifiable loss. What loss has your baby suffered? He is unharmed, and you would need to be able to show that either you or him have suffered a lasting psychiatric injury in order to claim for that.

Your best bet is to make a mental note to always check the highchair, and to make a complaint.

There is no loss. Your child has not sustained any financial losses and you don’t get financial compensation for a red mark on the head. It was an accident. Move on, don’t go back there again, tell your dad to wind his neck in,

My Dad said he pointed out that he could see the leg of the chair in the corner (next to where you greet a waiter and wait to be seated) and saw a member of staff move it after the incident. Yes that’s the right one, they have those buttons on to secure it into the seat so it can’t have just fell off.

Yes I'm afraid this crossed my mind too. Just be glad he is fine and didn't get badly hurt, he was probably mostly upset as it was a shock.

No reputable law firm would take this case on as its small claims and worth, if anything, a couple of hundred pounds. It costs more than that in legal fees just to open the file.

Good point actually? Legally, you expect staff to check that the high chair was functional but you did not? Not sure if that’s how it works but it sounds reasonable…..

Because we couldn’t see it, it was tucked close to the table. We did not need to move the highchair to sit him in it

So what are you wanting ? Genuine question. Because when you are taking solictirs/lawyers we are talking money.

They have apologised.
Are you wanting further apologies and to be informed what action they have taken ?

Flowers and a gift for your child? Vouchers for a free meal? They'd need your details. Not sure you'd enjoy the meal.

Read the post and replies. Not me asking what I’d want

If there's no lasting injury then there isn't anything to sue for. As a gesture of good will you might get a voucher/few quid to cover parking. Most solicitors won't take small claims on, if you've got legal expenses/your son is still injured in a few weeks then make an enquiry. Otherwise, as awful as it was, I'd be grateful everyone is ok.

OK, what does your dad want then? Sounds like he's just kicking off ranting about getting lawyers involved with no idea what he actually means.

I’m assuming she wants some kind of legal action to make sure it doesn’t happen again. This wasn’t an accident it was negligence and it’s only luck that the child wasn’t more seriously injured.
I wonder if a complaint to the council might be more useful?

ok thats painted a clearer picture of what happened then.

If you look at the ANTILOP I can't see how a staff member could have placed that chair at the table and NOT KNOWN that it was faulty. They clearly would have had to position it in a certain way in order for it not to topple over at the table. Therefore, it wasn't an accident it was negligence. I'm not surprised you were shocked.

An apology wouldn't cut it for me, i'd take full legal advice and sue. Hopefully they will settle out of court.

I’m sorry this happened - it must have been a shock and upsetting

not sure what your Dad is expecting. Legal fees would cost more than anything that would be paid out. If it’s a chain I would hope the Head office would confirm that defective chair has been got rid of and steps in place to make sure something similar can’t occur again and perhaps a complimentary meal for you all ?

Completely understand the anger. But the reality is that apart from a red mark, your son is fine. What are you looking for going forward?

Sue for what?

Do they pay compensation for potential injuries though?

Solictors have free 30 minutes or what not. It's worth pursuing and looking into, why not? People in the UK and Mumsnet are anti legal action and think it's hysteria.
Why on earth would they sit a 3 legged high chair up against the table? Very strange.

Perhaps reddit might have some answers or experiences similar.

If this were me, I'd want money for 2 or 3 cranial osteopathy appointments for the child (appreciate this might not be your thing) and a free meal with wine for all of you

I'd expect the restaurant to gladly agree to this. No solicitors required

You won’t be awarded damages as there’s no harm or loss. You might get costs but there’s a good chance it wouldn’t be 100% of costs so you could be out of pocket.

It’s obviously a serious error on their part. I would want a meeting with the manager to talk about what happened and what they’re doing to ensure it doesn’t happen again.

Thank heavens it wasn’t worse.

I don’t know what he wants, what I posted is all I heard then we took my son to hospital. I have not seen or spoken to my Dad since, I am just trying to decompress.

My Dad is not the type to react like this usually so I am wondering does he think he can achieve something out of this? I asked the question here so I can go back to him and tell him to not waste his time

Believe it or not I have zero clue, which is why I turned to a forum for advice

Public establishments have a duty by law to abide by health and safety requirements. Your dcs "accident" could have been far worse than it actually was. They will have insurance so get a claim wacked in