baby sustained injury. Can I sue?

[PixieGio]

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.

To have any chance of success in suing you need to prove that the restaurant staff knew that there was a risk and ignored that risk therefore being negligent.

From what you say that isn't the case here. For one thing the glass was hidden (partly?) from view. So the restaurant staff wouldn't know it was there. The principle of reasonable measures would be used here.....would it be reasonable to think that restaurant staff should make regular checks down the sides of cushions to look for partly hidden glasses..........I don't think any judge in the country would think so.

Secondly as others have pointed out its to be expected in a restaurant/pub type area that empty glasses will be left on tables, etc and be there for a while before they're cleared. That is normal and not negligent. It is up to parents to look out for normal hazards such as empty glasses.

It's also not up to restaurant staff to consider babies who may fall over in a way an adult wouldn't. Staff would expect parents to be ensuring a child's safety from falling over. Obviously accidents happen and we've all had kids fall.

Negligence would be if there had been a big pile of shards of broken glass which the staff knew about and hadnt cleared up. If your child had fallen into something like that then yes you might have a case. Can you see the difference?

Also for compensation these days you generally have to prove that either you've suffered a financial loss or there's been some degree of long term suffering/pain.

I am not sure in what way this was the restuarants fault, unless the glass was on the floor and your child had to be left on the floor unsupervised as part of their policy.

I am surprised that they didn't call an ambulance to be honest, my mum became unwell in a restuarant and when i asked for an ambulance to be called they had the phone in their hand, dialing before i even had chance to say what was wrong. It wasn't the resturants call to decide if an ambulance was appropriate.

I bet there was loads of blood, scalp injuries always bleed like buggery so i am sure the OP felt that an ambulance was appropriate, even though it was probably one of those situations where things looked worse than they are.

I honestly don't think there was any neglect on behalf of the resturant. I say this because my child had an accident in a soft play centre and they refused to help me at all. I obviously kicked up merry hell after the incident and was advised to call environmental health. Turns out that they had no liability (sorry mind blank cant think of right word) to provide first aid to customers or their children, only their staff I wasn't impressed but this is the way it is apparently.

I don't think 15 months is a baby.

How much money does your husband think you will get for this bump on the head?

I think the fact that you were in A&E for 6 hours with a child who arrived by ambulance shows why the government has decided to not publish A&E data

The only negligence was your DH's lack of proper supervision.

How did he fall on the glass hard enough to sustain a bad cut if it was wedged down the side of a cushion?? I think your oh mightn't have been paying him the sort of attention he claims he was . You said yourself he "wanted to give him a bit of space" to run riot
As to staff not clearing it away; how could they have seen it under a flaming cushion?
You have no case to sue at all, stop your nonsense.

People transported by ambulance still go through triage, Hama. Otherwise all the Saturday night drunks would go straight to the top of the queue...
The wait would suggest the wound wasn't quite as alarming as op has reported.

She doesn't say she waited six hours to be seen. They were in hospital a total of six hours, which will include triage, treatment and observation. Sounds about right.

These accidents will always happen. Have you or your dh followed a first aid course for children? Maybe that would help give you more confidence when something like this happens. Everyone yelling at each other does not help in a situation like this, however hard it is, it is best to stay calm. Having more confidence will help you stay calm and make the correct decisions.

Unbelievable! Of course you can't sue, how ridiculous!

Toddlers have accidents all the time, that's why you need to adequately supervise them to try and minimise the risk. Note how I said minimise and not eradicate - this would be impossible!

Restaurants are busy places, full of potential hazards. The only place your DS should have been was strapped in a high chair or sat on your knee, or a designated children's play area.

As you've already said it wasn't a play area but a pub garden, then it stands to reason that there will be glasses out there, and the staff have no requirement to keep it toddler safe as its a space for adults to go to eat/drink/smoke, NOT for children to play in.

Children don't 'need space' in restaurants, they need to sit nicely and eat. If your DS isn't able to sit for the length of time needed to finish the meal, you need to either leave him at home, or go to a family friendly place that is geared up for kids, with a play area to run about in.

I get that your husband is American and therefore comes from a culture that sues as the drop of a bloody hat, but perhaps remind him that here in the UK we tend to be less grabby blame focused and can appreciate that ACCIDENTS, happen.

I also agree that the ambulance was massive overkill, a taxi would have been a better idea. Perhaps do that next time your DS is hurt, because there really will be a next time, this is what happens!! It's no wonder the NHS is on its knees

I get you want somebody to "pay" for your distress but really, as somebody who has been there and done it, you need to ask is it worth it?
I waited a month after incident, when plastic surgery was required, to take action. It wasn't a heat of the moment decision. The whole thing took over a year to completion, with both sides appointing specialists to examine dd's injury. There was a lot of running round to do and she had to attend the court case. Yes, she got a fair and just pay out but the nursery admitted being negligent and didn't fight it. Had they fought or, it could have rumbled on for years.
You need to look into similar cases to see what the payout was, it really may not be worth your while.

It is very sad that you are thinking of money and suing. Dont be that person. Sounds like most blame lies with your dh, and the restaurant need to improve their first aid procedure, although calling an ambulance sounds overkill unless you thought a taxi wouldnt take you because of the bleeding? Its a really quick bus ride to rmch.

It's funny how every parent (and some medical staff!) we spoke to at hospital were immediately telling us to instruct solicitors

Sorry but I find it very difficult to believe that the medical staff told you to sue.

You spoke to every parent....

This isn't the USA and tbh you'll get knowhere with ithe here and rightly so

Ridiculous idea.

By your logic are you going to sue your DH for not watching your son properly.

Should everyone be rewarded with money every time they suffer pain when out and about? And who receives it - the child or the parent?

If they suffer pain due to someone else's negligence, why should they not receive compensation? Suppose you are seriously injured tomorrow because, say, some idiot crosses a red light and knocks you over, and you suffer dreadful pain for the rest of your life, should you really just suck it up?

And if it is the child who is victim of the accident, the child receives the compensation.

If they suffer pain due to someone else's negligence, why should they not receive compensation? Suppose you are seriously injured tomorrow because, say, some idiot crosses a red light and knocks you over, and you suffer dreadful pain for the rest of your life, should you really just suck it up?

Talk about comparing chalk and cheese!

I actually know of someone who has life changing injuries through negligence.

It is still going through the courts years later.

The child has had a small cut. and will get many more.

This is not a situation to sue!

An ambulance for this? Must have been terrible for you but unless you had no car not transport you should have just saved time and gone straight to a hospital.
It is very distressing but your story sound like an unfortunate accident rather than negligence. A couple of grand won't change that.

Oh for crying out loud, the child had a cut to the forehead Dip, how is that in any way comparable to being the victim of an RTC with life changing injuries?!

If an accident or injury occurs that is not your fault or as a result of negligence on the part of a parent or carer AND these injuries have a financial implication - ie. you've been unable to work - then I agree compensation would be appropriate to cover loss of earnings. But no, I do not think anyone should automatically be entitled to compensation for any injury.

Bloody hell. No, don't sue: you'll look a right twit if you do. Accidents happen. I can't see how the restaurant was at fault, and no permanent harm has been done (except perhaps a small scar).

I can't quite see why your trip to A&E was 'traumatic'. Sure it's distressing when one of your DC is hurt, but a small cut to the head and a visit to A&E doesn't count as traumatic in my world.

A sense of proportion is always useful.

Americans sue because they have medical bills to pay, unlike the uk where trwatment is free at source.

Oh and OP, an ambulance call out costs the NHS over £200, so yes, as PPS have said, please take a taxi or bus next time and save NHS time and funds for those who really need it.

Agree with the PP - the fact that you posted this in "money" speaks volumes.

Money comes up in my dropdown 'start in this topic' menu, whereas legal is buried under 'other topics'.

That aside, seems to me your DH is doing his best to deflect attention from his own part in all this.

I think people are being pretty unfair about the ambulance thing - easy to panic when there's blood gushing out of your babies head, and as others have said, head injuries are very gruesome.

I think maybe email to restaurant would be very useful - they need to have procedures in place for when a customer injures themselves.

It's funny how every parent (and some medical staff!) we spoke to at hospital were immediately telling us to instruct solicitors

A PP picked up on this as well, but I would like to echo the sentiment...I would dearly love to know what you thought you heard some medical staff say that supported your batshit crazy decision to sue. I work for the NHS in acute medicine. Unless a waiter, under the instruction of the restaurant manager, lunged at your child with a broken glass, no way, under any circumstances would A&E staff suggest you 'instruct solicitors' for the accident you describe.

And an ambulance was a total overreaction, as indicated by the six hour wait (i.e. you were placed at the bottom of the priority list in triage). Taxi to a walk-in centre is what you should have done. The ambulance drivers gave you reassuring noises, but I'm pretty sure they were thinking the opposite.