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Original poster

baby sustained injury. Can I sue?

142 replies

PixieGio · 18/12/2015 00:53

We spent 6+ hours in hospital after our 15 month old fell at a restaurant and landed on a glass. His head was cut open about 2cm and the bleeding was just awful. DH had immediately asked for staff to call ambulance which they didn't (my brother did). The wound has been glued up and the hospital experience has been traumatic for all. So my question is - what would other parents do? I am obviously going to take this further but how? I believe the restaurant has been negligent. Does anyone have any advice on what we should do here? It looks like he's going to have a scar on his head too. I'm still shaking. Thanks for reading.

OP posts:

DialMforMummy · 18/12/2015 05:23

I agree with the others unless you missed something op. Suing the restaurant will not stop further accidents from happening but closer supervision might.
It does not sound like your LO's was at risk so I am questioning the need for an ambulance.
I am not trying to guilt trip you as I can see you got very afraid but a better use of your time might be to consider what YOU (parents) can do to stop such accidents in the future.

Original poster

PixieGio · 18/12/2015 05:32

Husband was with him outside of the main restaurant at the time. The glass had been left by another customer and wasn't in full view as it was down the side of a cushion my son was playing on. Restaurant was incredibly busy and to the person who said we should have used a car - we had no car as we were in the middle of central Manchester. Called 999 because the bleeding was out of control and I panicked. Ambulance said we were right to call them so no shame on me, thanks. I'll pass the responses to my husband regardless. I believed the restaurant had been negligent by allowing lots of finished glasses to be left outside, but I do know my DH should have supervised better.

OP posts:

ObsidianBlackbirdMcNight · 18/12/2015 05:34

Nope, sorry, still not negligent
A baby playing on restaurant seating needs close supervision because of the entirely predictable risk of dining debris left around. The staff aren't responsible for that. If they had left an open bottle of bleach then that would be different because you wouldn't think to expect that but glasses are usual on restaurant tables

NerrSnerr · 18/12/2015 05:36

So the glass had been left by another customer and was out of sight. Was this really the restaurants fault or was it just an accident?

There will be more accidents, will you sue the school when he bangs his head in pe? Or the council if he falls off a swing?

BadlyBehavedShoppingTrolley · 18/12/2015 05:44

So it sounds like a pub-restaurant type place, rather than a small restaurant with no areas other than the dining tables?

If so then I don't think you can really blame the staff. There are always glasses waiting to be collected in these places, it's impossible to remove them all immediately the moment they are put down, and in this case the staff were not to know that a glass had been hidden out of sight.

It's just one of those unfortunate things that no-one could have foreseen I'm afraid. If you don't want to risk your child being hurt by glass, don't let him climb around places where glasses could reasonably be expected to be found - even if they can't always be immediately seen.

PotteringAlong · 18/12/2015 05:45

Glass left outside in resteraunt is an entirely predictable risk. It's an accident but, if you must blame someone, then it's your DH's fault, not there's.

Sirzy · 18/12/2015 05:48

It's an accident, I am not sure what you expect the restaurant to have done differently and you would find it very hard to prove they caused the accident as they didn't

Hope the baby is ok, just take this as a lesson learnt in the importance of being vigilant.

Original poster

PixieGio · 18/12/2015 05:51

Yeah a large pub restaurant with a lot of outdoor areas with tables, couches and seats. He took him there because it was so crowded inside and wanted to let him have a bit of space. Thanks for responses.

OP posts:

WeAreEternal · 18/12/2015 06:02

I understand that you are upset and are looking for someone to blame but the restaurant were not negligent, it was just an unfortunate accident.

DS had a bad accident when he was around 18 months, something fell on him in a shop, he had an awful cut on his cheek it was quite deep and there was a chunk of skin missing, as a result the wound wouldn't glue together cleanly.
It was a mess and would certainly leave a scar the size of a penny in the middle of his cheek.
I was devistated that he would be scared for life and blamed myself.

DS is now 9 and he has a tiny white mark of a scar you can't even see it unless you know it is there.

I'm sure your DS will be just as fine, once it is healed applying vitimin E oil (from the ingestable capusules you can get in health food shops not the moisturiser) frequently will help reduce the resulting scar massively.

I hope you DS is feeling better.

Original poster

PixieGio · 18/12/2015 06:10

Thanks for your reply Eternal and for not lecturing me on being a bad parent. It's funny how every parent (and some medical staff!) we spoke to at hospital were immediately telling us to instruct solicitors yet on MN I get a slapped wrist for being a careless mum. Thanks again.

OP posts:

PatrickPolarBear · 18/12/2015 06:19

Unfortunately 15 month olds are highly accident prone! The restaurant is just a generic one, not aimed at children specifically I assume (such as a soft play space) so it would be hard to form a case against them. A glass on a seat - that is not broken - is not an unusual hazard. If it was a broken glass then you could have some cause for complaint because that is an unusual hazard that the restaurant should clear away.

Sorry your son was hurt though. This age between 1-3 is scary because they are so mobile but have no sense at all so you have to watch them like a hawk. Just yesterday my 4 year old (FOUR!!) was messing with my DD's baby walker and it tipped backward and he split his lip, blood everywhere. It's definitely scary. Hope he is better soon.

steff13 · 18/12/2015 06:24

What would you want to be the outcome of a potential lawsuit? You didn't pay out of pocket for his treatment, I assume, so what is there to gain from a lawsuit?

villainousbroodmare · 18/12/2015 06:26

Wow.
Very sorry your child got cut. I hope it leaves no mark. I hope that's the worst thing that ever happens to you all.
Just drop the suing idea. Suing absolutely is appropriate in certain circumstances, just not afai can see in those you have described.

ThenLaterWhenItGotDark · 18/12/2015 06:26

Are you going to sue your husband as well?

Supermanspants · 18/12/2015 06:32

Good luck with suing a busy restaurant for negligence in not collecting glasses fast enough

StillYummy · 18/12/2015 06:36

The fact this is in money not legal says a lot abut your thought process op.

DustyOwl · 18/12/2015 06:36

Firstly I know you must be shaken, head injuries blead ALOT and on a LO that is a horrible sight.

I would complain to the restaurant if you feel they ignored you and didn't give significant first aid attention, no one on here knows the exact location/whether an ambulance was needed/how bad the cut actually was; as we didn't see it.

BUT I do think it was an accident and you won't get far with trying to take legal action. From what you say, I don't think your partner was to blame either. Accidents do happen. It is a scary thing and you are obviously (and understandably) shaken but I would take this experience, move on and try to relax and enjoy Xmas.

Dipankrispaneven · 18/12/2015 06:40

I never understand the antipathy to suing for negligence round here. If someone causes someone else injury through negligence, there really is no reason why the victim should just shrug their shoulders and suck it up. And, contrary to popular myth, proof of financial loss isn't a prerequisite - you are perfectly entitled to sue for pain and suffering.

However, in this case I can't see a claim going anywhere: the injury was due to another customer leaving a partially hidden glass, and for all anyone knows that could have happened two minutes before OP's husband got there. Therefore there seems little chance of proving negligence.

Original poster

PixieGio · 18/12/2015 06:41

Thanks dusty. Think that's what we will do. Baby is mostly fine now. Sorry my thought process isn't good enough for you Stillyummy. You'll get over it.

OP posts:

redcaryellowcar · 18/12/2015 06:45

I'm so sorry to hear of the accident, it's horrid when small ones are hurt and in your situation I would have felt panicky too.
Dh is a solicitor and said with changes in the law that less 'small claims' are getting through, I imagine in part due to the common nature of whiplash claims etc
I fear (if I asked him) that in your situation that he would say similar to others that it's hard to lay blame squarely on the restaurant.
I would also advise you to be careful, there are many internet/ tv advertised solicitors/ legal companies who may take on your case, or at least sound very enthusiastic to hear from you, but they are largely profit driven, so please don't take heart from a call to one of the to advertised companies as a dead cert for a claim. If you want to pm me, I can ask dh for a recommendation on who might be better to call.
Please don't blame yourself or dh as being bad parents, little ones at 15m are super exploring little monkeys, accidents happen and let's hope the scar fades.

Original poster

PixieGio · 18/12/2015 06:45

Dip - I am new to MN and didn't anticipate getting full on parent bashing but then again the anonymity of this site probably helps. DH comes from a family with a lot of attorneys (in the US) so he has his own views/opinions on this sort of thing. Whether he decides to proceed I don't know. Thanks again.

OP posts:

lunar1 · 18/12/2015 06:46

I don't understand what you would be suing for? I'm going to plead with you not to. Glasses in a pub is a predictable risk, do you want to be the reason we all have to drink from plastic when we go out?

PrincessMouse · 18/12/2015 06:46

Op sorry to hear about the accident. I hope your little one is as well as can be. If you sued, the establishment would look to their insurer to cover their costs and any potential compensation (under their public liability policy). If successful you would get offered a couple thousand if that. The injury isn't serious or life limiting/threatening so it would awarded on that basis.

However if I am totally honest, I can't see an insurer paying out on this and I can't see it ever getting to court. You were in an establishment that was extreamly busy and you are responsible for monitoring your DC. The establishment can only collect glasses as quickly as they can. It's a little unforeseen that a toddler woukd be running around and fall on what looks to be a hidden glass. In addition the child's parent was there monitoring.

I am sure you will find a No Win No Fee solicitor that will have a go but the best you can hope for is what us called "bugger off money". Nothing else will happen and you will be lucky to get that.

I was wondering why did you or your partner not call an ambulance in the first instant? That's what I would do in a situation were I thought DD was seriously injured.

YoungGirlGrowingOld · 18/12/2015 06:48

I'm a lawyer (albeit not a PI specialist). Negligence is bloody hard to prove. I don't think the restaurant will be considered to be in breach of their duty of care here. Your husband was partly at fault. But I am struggling to see what loss you would like to be compensated for?

Sounds like an accident to me. Sad fact is that if you pay a solicitor to send a stern letter they will probably pay you a few quid to shut up. If you actually go to court you will likely lose.

Agree with the PP - the fact that you posted this in "money" speaks volumes. Hope your LO is okay.

Washediris · 18/12/2015 06:48

This reply has been deleted

Message withdrawn at poster's request.

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