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

For negligence you need to prove various elements (a) duty of care (b) breach of duty of care (c) harm (d) causation

You don't really have any harm here so it's unlikely a negligence claim would be successful. In the unlikely event you managed to argue all 4 elements were met, you would get bugger all for the claim. Pursuing with a solicitor it is pointless.

If you really want to follow up then send a strongly worded email asking for a voucher or free meal or something.

For negligence you need to prove various elements (a) duty of care (b) breach of duty of care (c) harm (d) causation

You don't really have any harm here so it's unlikely a negligence claim would be successful. In the unlikely event you managed to argue all 4 elements were met, you would get bugger all for the claim. Pursuing with a solicitor it is pointless.

If you really want to follow up then send a strongly worded email asking for a voucher or free meal or something.

For negligence you need to prove various elements (a) duty of care (b) breach of duty of care (c) harm (d) causation

You don't really have any harm here so it's unlikely a negligence claim would be successful. In the unlikely event you managed to argue all 4 elements were met, you would get bugger all for the claim. Pursuing with a solicitor it is pointless.

If you really want to follow up then send a strongly worded email asking for a voucher or free meal or something.

This was not an accident, it was negligence.

Perhaps it was just shock? When my niece was little she bashed herself on the head with a hairbrush while pretending to brush her hair and the shock made her burst into tears as if she was seriously hurt. He got so worked up that he threw the hairbrush across the room. Sometimes people just react like that.

To prove negligence you have to prove a duty of care, a breach of that, harm and causation.

There has been no long lasting harm suffered so nothing further to gain.

We have the same high chair at home and I believe it would look lopsided if missing a leg? I think it being propped up against the table is why we haven’t noticed

You are trying to “decompress” by asking about next steps on MN? 🤔🤔🤔

Your father could go on the health and safety issues.
I would want to know what action had been taken and how the chair was in situ.

Has he got legal advice available on any banking or insurances?

I wasnt being rude about going financial - that's just how to usually goes if apologies not accepted.

It wasn’t an accident. They were negligent.
They knew that it only had three legs and knew that a baby would be sitting in it. What did they think would happen?

Glad he’s ok. I would be livid.
It’s worth getting legal advice even if it doesn’t go anywhere.

If they had propped it up under the table then they must have known very well that it was faulty

So was the Costa incident I posted above which, if I had reached for my coffee sooner while it was hotter could have resulted in DD getting some serious burns. Still didn't occur to me to start thinking about calling a solicitor.

did Op stay to eat or leave straight away!

In terms of the law. The answer is no.

There is no financial compensation for no injury.

as others have said take it up with them, but I am sure they are as horrified as you.

I saw it once when a parent put a baby in and the harness failed. Straight onto floor. Both fine. All very glad everyone was ok.

where was the leg? Under the table? Slipped out? Not there? Are you thinking someone did it on purpose?

honestly, its such a fright, I’ve been there, child fell out buggy, clip failed , but accidents happen.

I hope that your Dad didn't shout at any teenage waiting staff.

You have no case. You incurred no costs and your child is fine.

Yes. It was clear negligence on the part of the restaurant, so reporting it to Health and Safety at the council is the way to make sure it doesn't happen again.

As you've had no expenses regarding the incident, there's nothing to sue for. But the restaurant needs an official response to make them take this stuff seriously.

It was absolutely a mix of shock and anger that it had happened. If anything I am the hot head of the family.. not him. I said to my DH, I can tell I have been in pure genuine shock and I am terribly upset about it, because usually I would be the one piping up about how unhappy I am.
I couldn’t even speak, didn’t want to even look at him properly as I was too scared. Just burrowed his head into my neck 😞

We left immediately, hadn’t even taken the order. Thanks very much.

I agree. I don’t think ‘accident’ covers it

Read my post. It's not negligence because it doesn't meet the legal test for it.

Gosh, what a shock, OP. I hope he is OK. I wonder if it was the manager who had set up the highchair or maybe a young member of staff? I used to be a waitress part time at age 15 onwards and to be honest, I would have had no idea how to set up a highchair or to recognise if there was a piece missing. Perhaps its a training issue for staff as well to make sure everyone knows how they should be set up safely / a manager double checks any set up by inexperienced staff.

Personally I'd never accept a free meal as compensation, as I's be worried what was added to it if I complained. But then too many people who have worked in restaurants warn never to send back food.
OP, in America you could possibly claim back the cost the cost of the medical exam/ treatment, but presumably you didn't pay for it? If you did, you could ask a lawyer whether you'd be entitled to get that back.

Sounds scary. Hope you’re over it.

But as posters have said, no loss, no claim. You’ve got nothing to claim damages for.

I think you and your dad have misunderstood how the law works. You don’t get compensation just for bad things happening. You get compensation for loss and damage.

Legal action or not……this has got to be reported to local environmental health. The high hair was not fit for purpose and the baby could have suffered serious injury.

I'm sorry but you keep saying that you didn't need to pull the seat out just put your child in it. You should always check where you are putting your child - seats can be dirty, have broken parts and (usually young) busy staff don't always check as well as they should. As PPs have said your father won't get anywhere with a solicitor as you can't prove any loss which is the point of compensation. If your father wants a free meal he can write to the restaurant and ask for it. That's the best he's likely to get.

Claims for personal injury require a doctors report (independent not your GP or local hospital) and except for in cases of very obvious life changing injuries they don't deal with young children. It's quite a regulated process.