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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:

PrincessMouse · 18/12/2015 06:51

Pixie the U.S. is very litigious he won't get the same response in the UK. Trust me on this.

Original poster

PixieGio · 18/12/2015 06:51

DH was applying pressure to wound and yelled at some bar staff to call for one. They didn't. It's only when I came outside to look for my family that I saw DH faffing with napkins and blood squirting everywhere that I grabbed my son to apply pressure and yelled at my brother to phone for one. DH and I have already argued about this. I know he was trying to do what was right but I wish he had come and grabbed one of us for help.

OP posts:

PatrickPolarBear · 18/12/2015 06:51

Interesting you mention your DH is from the US / has family there. I think suing is more common in an American context because medical costs come into play. Not such an issue in the UK so awards are harder to win and tend to be smaller anyway.

YoungGirlGrowingOld · 18/12/2015 06:52

Princess is correct. Happily we are not as litigation-happy as our American cousins. Yet.

YoungGirlGrowingOld · 18/12/2015 06:53

Yes - I would say the PP who mentioned "a couple of thousand" was being v optimistic. Last time I studied tort law 100 years ago you didn't get that for losing an arm!

Hackedabove · 18/12/2015 06:55

We I had a car accident which was my fault, only involved my car and my DS2 got hurt the paramedic and the hospital porter told me I should get him to sue me. I did consider it because he may need expensive dental work in the future. I decided not to because all it would have caused me is stress.

I think a letter of complaint would be appropriate so I future they check glasses aren't left about.

YouBastardSockBalls · 18/12/2015 06:55

I don't think the pub was negligent.

You might get further suing your husband?

Plus, and I mean this kindly...if going to hospital with a baby that's cut his head a bit 'traumatised' you all, then best strap yourselves in, as the next 18 years will be TOUGH.

PrincessMouse · 18/12/2015 06:56

Young it's standard "get lost we can't be bothered" money. But I don't think they will even get that

YoungGirlGrowingOld · 18/12/2015 07:03

Thanks princess my training in this is dating a bit now! Ironic that the "shut up" money seem higher than some court awards.

DeputyPecksBentBeak · 18/12/2015 07:03

But you said there were "a lot of glasses" outside so although your DH couldn't see the particular one that cut your ds, he knew there were glasses out there and it was solely his responsibility to manage the risk to your ds. I can understand him missing something that he couldn't see, accidents happen, but that's not the restaurants fault.

As PP have mentioned, medical costs come in to play when in the US. You haven't been out out financially in any way so I fail to see what you would achieve by suing

DialMforMummy · 18/12/2015 07:05

This is very depressing.

Original poster

PixieGio · 18/12/2015 07:06

Thanks to everyone for your replies. Appreciated.

OP posts:

PrincessMouse · 18/12/2015 07:07

Young anytime although my knowable is dating a bit. I am self employed now and left the sector a few years ago. You are right regards the reward but they take into account solicitor fees. By paying the "get list miney" total costs are less for them. Normally they give it the money to save on solicitor fee rather than the claimant actually having a case for them to answer.

BooOzMoo · 18/12/2015 07:09

Oh dear.... I think your DH needs to go back yo the US or realise this is the UK!!
Here we take responsibility for our own children.
He should have been supervising your son.
It is a pub the likelihood of glasses hanging around is high.
I think maybe you should sue your husband for neglectful fathering !!!

TheCarpenter · 18/12/2015 07:09

Don't think of it as a bashing. Think of it as having all the common sense that would be thrown at you if you spent money on suing over this.

Dipankrispaneven · 18/12/2015 07:11

DH and I have already argued about this. I know he was trying to do what was right but I wish he had come and grabbed one of us for help.

I don't see how he could? Surely he was fully occupied comforting your child and trying to stanch the blood?

PrincessMouse · 18/12/2015 07:11

Get lost money not get list miney.

swisscheesetony · 18/12/2015 07:12

Hi OP, my 3 year old cut his head in the summer and bled like a stuck pig. Got glued, pulled glue apart over the course if weeks and he STILL has a bit of scab the size of a 20p - be warned. Of course him being 3 I didn't realise how serious it was and growled "get up" until I saw his jumper rapidly turn scarlet...

Anyway, back to your problem. It doesn't really make logical sense. Babies sat on cushions do not break and cut themselves on glasses. Stick a coffee mug down the side of the sofa and see. You have the further complication of the seats being street side.

If perhaps ask your husband what he was doing on his phone...

mouldycheesefan · 18/12/2015 07:15

You sue For financial loSS, you have not stuffed financial loss in this case. Your husband should know that being a lawyer.

I don't believe that. Hospital staff told you to sue the restaurant.

Hope your son is better soon, 15 months old do get into scrapes and they do need carful supervision.

That said it does seem that the restaurant were not clearing glasses left outside how were you suffered no loss due to their negligenc there is nothing to sue for.

Dipankrispaneven · 18/12/2015 07:26

You sue For financial loSS, you have not stuffed financial loss in this case

Not so. Accident claims cover both general and special damages. Special damages are quantifiable financial losses such as loss of earnings, cost of repairing a car, etc. General damages are damages for pain and suffering. You could have a perfectly valid claim for damages where you have suffered no direct financial loss at all.

ObsidianBlackbirdMcNight · 18/12/2015 07:34

Should everyone be rewarded with money every time they suffer pain when out and about? And who receives it - the child or the parent? Why does everything have to have a compensation attached? This child hurt himself. Distressing for all involved but an accident. He will forget it in a few days and probably won't be scarred for life. So why should they expect or demand financial compensation for this? It's a fact of life, an everyday occurrence, and nobody's fault.

Youarentkiddingme · 18/12/2015 07:42

You are in shock and concerned about your baby being scarred for life. Most parents over react in that situation. But that's what suing is - an over reaction.

It was an accident. It's the parents responsibility to risk assess what their child is doing. A restaurant that serves glasses of drink is not negligent for a glass being around the vacinity.

BitchPeas · 18/12/2015 07:55

They will have cctv of the outside area which will show, 1, a customer leaving a glass hidden stuffed down the side of a cushion and 2, your DH not supervising your 15mo properly.

Restaurant chains have a whole team of lawyers working for them, I don't think you stand a chance.

Secondtimeround75 · 18/12/2015 07:56

Sue your husband he was at fault.

Costacoffeeplease · 18/12/2015 08:03

Absolutely no to legal action - a pub/restaurant is not a playground, it's obvious there are all manner of hazards from hot food/drinks/glasses/cutlery/spill ages/waiters rushing around. A 15 month old needs very close supervision in this situation - which obviously didn't happen. Your husband has the most responsibility for the accident - ironic that he's the one talking about suing, deflecting the attention, much?

I'm also slightly surprised that it seems to have been your first thought while still at the hospital

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