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

You ever watched a baby fall to the floor and hurt themselves? And scream and cry into your shoulder? Would you be able to let it go?

So what? Why do you have to understand that.

I wouldn't be able to forget it any time soon. But I still wouldn't be looking to make it a legal bunfight or think that doing so would help me in any way.

Yes I would, because it was an accident!

Babies are very resilient, I'm sure he'd stopped ryin2g within 5 minutes.

I don't think there's any point in legal action as there's no loss or damage.
However you should get a very grovelling apology and an offer of something from the restaurant along the lines of free meals. Plus an assurance that it's been investigated and steps taken so it never happens again.

Okay you’re being very dramatic now. It was scary. Your son is fine.

Thank you very much for your advice, appreciate this

My mil lost the top of her finger because of a faulty chair, it was terrible, she didn’t want t to take it further as she thought it was a family run business, however when we pointed it it was part of a large chain she went ahead with a lawyer and the business paid for plastic surgery on her finger. In your shoes I would not let it go.

There are some confused comments on here.

Of course an accident can happen through negligence. They usually do. Drivers not paying sufficient attention - i.e. being negligent - leads to accidents all the time, for example. Or slippery stuff on the floor of a supermarket that should have been cleaned up. The point is that the incident isn’t intentional.

But negligence or no negligence it was still an accident in everyday terms. And the OP’s suffered no recoverable loss.

There might be a regulatory angle on it. But that’s highly unlikely to lead anywhere.

I think you are getting it tight on here op. I would also be furious. Someone/whoever moved that highchair into position at the table must have realised the highchair was not ok.
I don't know about getting in touch with a solicitor but the restaurant have certainly been negligent.
I would be following up with restaurant to ensure they have got rid of the offending highchair and have given their staff appropriate instruction in basic h&s
Glad your wee one is ok x

This.

Some of the replies here are wild.

The chair was missing a leg and the child could have been seriously injured. The fact he was not, is irrelevant.

This accident should not have happened. The restaurant need to implement daily safety checks as is the norm in many places.

@BessieBye I’m not surprised you’re upset. An aplogoy is the least you should expect. I’d be wanting to hear from the owner or manager about what they will be doing to increase their safety audits.

How was it not intentional. There was a leg missing on the chair and the staff tucked it under the table so it wouldn’t be noticed. At the very least it warrants a stiff solicitors’ letter and a report to health and safety.

I’m curious…did the restaurant take any of your details for their accident report? Or just pass it off as one of those things? Have they tried to contact you? Offered a telephone number for you to contact them/head office? I wouldn’t want to chase them for compensation, but would expect a full written apology, notification of a plan for immediate staff training, and a free meal with drinks for all your family, and/or a very large bouquet or gift for your son. I think my reaction would depend on their action.

As an aside I would never use that high chair without the table attachment. I think the front bar is too low.

I would be absolutely furious too.

I’m glad your wee one is ok, it’s very scary and you are rightly upset, as I would be in your situation. To me it’s a health and safety issue and as pp have said make sure the incident was logged by the business. It might be worth your while to just consult with a lawyer for your own piece of mind and that of your dad.

Can't offer you legal advice but just wanted to say I understand completely why you are so upset. I've suffered from awful intrusive thoughts with both my kids and would absolutely be replaying this over and over and feeling sick to my stomach. Of course it's a relief to hear he's ok but it's totally understandable to feel shaken regardless. Keep cuddling your little boy and in time the feelings of shock will fade.

The fact he was not hurt is absolutely relevant when OP has asked on the legal board and the fact he has not been hurt is the reason why there is no case.

That does not mean OP has no right to be upset or the restaurant are not hugely irresponsible. But it is the start and end of the legal answer, which has been confirmed by a number of lawyers on this thread, myself included.

I really wish legal matters threads did not appear on Active.

This

OP I would also be fuming. In fact I am fuming on your behalf. I agree an apology isn't enough. It sounds as though your DS was incredibly lucky, I hope you are all okay!

I don’t think this is the least bit dramatic. The baby is seven months old.

But your mil lost her finger, and the company rightly paid for surgery. It was the least they could do, and must have been very traumatic for her. But OPs child hasn’t sustained an injury that requires treatment. Unless they think counselling needed for the baby due to possible ptsd, but I would guess they would have to prove that the baby was suffering mental trauma or flashbacks………..I would guess though that the baby has already forgotten the incident. Scarey for all concerned when it happened, but I think the baby would prefer mum and family to spend their time giving them happy memories and lots of love and attention, rather that spend the next two years completing Court documents and paperwork and attending solicitors and court. But depends what your priorities are….

That’s really bad and you should definitely follow it up.

Anyone thick enough to put out a three legged high chair for a baby, or foolish enough to employ someone so stupid, should not be in business. I’d absolutely take this further, not for any personal gain but because people should face consequences for idiotic actions. I think I’d be in touch with council’s environmental health and/or HSE - I don’t remember which is relevant but I’m sure either will point you in the right direction

This would be a personal injury claim against the restaurant. I don’t think you would have much difficulty establishing liability. The highchair was dangerous and it appears the restaurant staff knew or should have known about this. As to quantum, there are tariffs for different types of injury. If you or your father google personal injury claims, you will get lots of hits telling you how damages claims are calculated. However, the amount awarded is likely to be very small. In particular (assuming you’re in England or Wales), courts don’t award punitive damages in personal injury cases.