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Find financial and money saving discussions including debt and pension chat on our Money forum.

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Find financial and money saving discussions including debt and pension chat on our Money forum.

Money matters

I half saw a kid get hurt in the playground at school and now his Mum wants me to sign a claim form. Should I?

31 replies

pepsi · 12/10/2005 16:42

A few weeks back a child of pre-school age, fell over in a wooden type shelter at school, I didnt see actually what happend but sort of saw out of the corner of my eye that something had and then heard crying, when no one went to get the child I went over and he was sitting on the floor with blood pouring from his mouth, leaving a big puddle on the floor. I didnt know who he belonged to so led him out asking people as I went by whose he was, someone pointed out his mum and that was it. Or so I thought today she came up to me in the playground, (has never spoken to me since the day....didnt even ask me what I saw on the day), and asked me to sign a claim form, her solicitor says she needs two witnesses. I felt really put on teh spot and said I had to think about it but she felt quite pushy and Im upset now as I feel either way Im going to either go against the school or form an enemy. At the time of the accident she wasnt watching him. I dont know whether he was pushed, slipped or what I just sort of saw a head wobble just above a bench but I cant say anything for sure. Any advice on what to do.

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hunkerpumpkin · 12/10/2005 16:43

Don't sign it. Say you didn't see what happened, so wouldn't be a reliable witness.

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Zephyrrywitchescat · 12/10/2005 16:45

Say what hunker said - and maybe that you were 'advised' that you shouldn't sign because you didn't see. She can't really get snotty with that.

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RTKMonherBROOMSTICK · 12/10/2005 16:46

If it went to court you wouldn't be a reliable witness would you?

IMHO I would stay out of it

BTW I am not a legal expert in any way

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zippitippitoads · 12/10/2005 16:46

I agree, say that you've reflected on the incident and you really didn't witness what happened just helped afterwards

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macwoozy · 12/10/2005 16:50

You didn't witness it, so don't sign it, and don't let her intimidate you neither.

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Zephyrrywitchescat · 12/10/2005 16:50

What is the form like - Do you have a big space to write what happens? You could always write exactly what you did/didn't see and that you only went over after to help him etc. That way she can't say anything and there's a good chance they'll decide that it isn't reliable and not take it any further.

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tissy · 12/10/2005 16:50

You can give a statement of the truth, which is that you didn't see what happened, but that you helped the child to find his Mum. That's all you need to do. No-one can expect you to perjure yourself, and she is unlikely to be successful in her claim if she was nowhere near her child, left him unsupervised, and she can't prove negligence.

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SoupDragon · 12/10/2005 16:50

Definitely don't sign. Say "I'm sorry, I didn't see what happened I just heard crying and went to investigate."

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LIZS · 12/10/2005 16:55

Say you're sorry but you didn't see what happened but just responded to his crying. Surely she should have been supervising him herself . It may put you in an awkward spot but no more so than if you had to give any sort of formal statement and then had to admit that you don't really know.

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crunchie · 12/10/2005 16:58

How can the mother have a claim here. The child was a pre-school kid playing in a school playground unsupervised!! How is that the school's fault. This leads on from the other thread about things. I would suggest to the mother that perhaps the kid should sue her for neglect or the school should sue for trespass!! See what she says then!

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gigglinggoblin · 12/10/2005 17:30

i would tell her i couldnt sign it cos i didnt see what happened and then i would go and speak to the head to tell them what is going on. if she sues the school and gets a pay out for something that i would say is her fault then arent your kids going to lose out? tbh i would be more inclined to back up the school and say the mother was nowhere near her child when she should have been supervising.

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buffytheharpsichordcarrier · 12/10/2005 17:39

if you didn;t see anything then no don't sign it. You could compromise by just writing what you say here - i.e. that you saw a head wobble/what the injuiry was. but don't be pressured into saying anything if you didn't see anything

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pepsi · 12/10/2005 17:55

Thanks everyone, quite unaminous (is that spelt right, done know). Its made me feel sick, Im all worried about a confrontation now when all I did was help a child because no one else did.

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essbee · 12/10/2005 17:59

Message withdrawn

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LadySherlockofLGJ · 12/10/2005 18:04

So in conclusion, she want you to help her sue the school, because she wasn't watching her child. MAD

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pepsi · 13/10/2005 14:25

I didnt see the Mum at school this morning to say "no" to, now Im a bag of nerves, shaking and my hearts pounding. My tummy is feeling all tied up. Ive asked my Hubby to come home at pick up time so he can come with me, how pathetic am I.

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QueenVictoria · 13/10/2005 14:31

The woman is unbelievable. Poor child. You are right not to sign.

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spooklymieow · 13/10/2005 14:38

OMG she is going to sue the school?? I remember getting a call from DS' nursery once saying he had fallen off the monkey bars and cut his head open. He had to go to hospital and have stitches, BUT I would never have sued the nursery. I don't know if he was being supervised at the time or if the teachers were attending to another child but accidents happen. FFS!!

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Ulysees · 13/10/2005 14:45

at the stupid c*%

Agree don't sign and if she gets arsey then tough luck!

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donnie · 13/10/2005 14:55

agree with everyone else....if you didn't see the entire thing you can't sign.Be firm with this woman, she sounds like a bit of a bully!

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staceym11 · 13/10/2005 15:34

completely agree, dont sign if you dotn want to or write what you did see (ie not a lot) so she cant get someone to make a false witness statement.

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pepsi · 13/10/2005 16:53

Didnt see this woman at school today, dh came with me and I really wanted it over today. I still feel sick, I cant get dh to come with me every day until I see her. Does anyone else get so worked up about things, I feel a real baby, I cant eat properly when I feel like this and I didnt sleep well last night so feel really knackered now. Earlier I almost felt like I was having some sort of panic attack. I this normal?

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paolosgirl · 13/10/2005 16:57

Argh - this need to claim for everything makes me . He fell playing in a playground. Big fat deal. Kids fall over - why does it have to be someone's fault, and why does she feel she has to make money out of her son falling over?

I'd refuse to sign out of principle, and would just say I didn't see the whole thing and would not want to lie on a legal document.

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paolosgirl · 13/10/2005 16:58

I get just as worked up as you do, by the sounds of it. You're not alone

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crunchie · 13/10/2005 17:04

Pepsi, is there anyway you could write a not, put it in an envolope with the form and put the childs name on the envolpe - then use the trusted book bag delivery system to work. If she confronts you, you can say that you returned it via the bookbag and hope she understands

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