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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:
BlueSmarties76 · 18/12/2015 12:07

OP
Cut head! Get over it!

I don't think you have any idea how little money you would be awarded!!

Money in these cases is awarded for financial expenses incurred both at the time and in the future, such as for somebody needing a paid career as a result of an injury. A SMALL amount is also awarded for loss of use or a body part, eg. If you lose a finger I think the going rate is UP TO £5k....

So what are you expecting to be compensated for!? A small scar at worst?! Even IF a judge ruled the restaurant were negligent, I think you would be awarded.... £10?

But actually, I think the most likely result is that the judge would rule that you were negligent parents and that having a cut head is just one of those things. (Based on what you've said I'd agree with him, too.)

Rally OP, someone under 18 in my family (recently) sustained mild brain damage and had organ failure and their parent left their job to look after them, yet they did not need to pay for a carer, work kindly made the parent redundant and long term brain and organ damage were sub-clinical / too hard to prove, therefore they were told by a legal team that they would only be awarded £4K to cover travel expenses to the hospital and nothing else.

I think you need a better perspective on this issue!

Sameshitdiffname · 18/12/2015 12:12

I've just asked my parents (they're consultants) would they tell a parent to sue in this circumstance and they both said no and they highly doubt anyone they work with would do the same and if they heard any medical staff suggesting sueing they would have a quiet word with them. I think you're exaggerating OP

WhoTheFuckIsSimon · 18/12/2015 12:19

Maybe the pub could sue the OP for the cost of the broken glass? Hmm

They could claim the father was negligent by not supervising his DS better. Grin

P1nkP0ppy · 18/12/2015 12:31

Ffs!
lots of glasses around + 15 month old + a DH not closely supervising his DS =sue?

As for medical staff suggesting suing, total bullshit, I've worked in big A&E departments and I've never, ever heard this suggested.

Your DS will have a small scar that will fade and be barely noticeable by the time he's a teenager, by which time he'll probably have acquired a few more.
Get some perspective for goodness sake, you're sounding hysterical. I accept it's a big shock but hardly a case for suing anyone.

RudeElf · 18/12/2015 12:39

If your husband brought your son outside, (saw all the uncollected glasses- so should have been on alert!) sat your son on the cushion the glass was beside and he didnt notice it i dont know how you can expect staff in a packed pub restaurant who were nowhere near the cushion to have spotted it.

if there is blame to be assigned here then your husband is first in the queue. He sat the child there without checking for hazards despite already knowing there were lots of glasses about, and he was supposed to have been watching him.

Limer · 18/12/2015 12:46

Blame your husband. He was supervising while your son found the glass, broke it and then cut his head. Did he really watch all that but did nothing? Of course not, he wasn't paying attention to your son at all.

swashbucklecheer · 18/12/2015 12:57

Maybe the restaurant should sue you for the broken glass and potential loss of business Hmm

This smacks of grasping greed from the OP trying to make a fast buck rather than actually ensure proper supervision of her child.

90sforever · 18/12/2015 13:09

To be fair blue smarties it's not necessarily going to get into court- as a PP said there is "going away" money awarded. DH and I were in a accident a few years ago and were paid £2.5 each for neck and back injury (effectively "whiplash") we didn't sue, or threaten to anyone. The other sides insurers give it to us to ensure we didn't come back to them in 10 years with horrific back problems which cost them more.

The ambulance service should be triaging patients based on need. The idea that the public are expected to self police is ridiculous- it's clearly not going to happen. If an ambulance was dispatched on the basis of a lie that's one thing but if they decided to attend after triage (and take the patient to hospital) that's their responsibility.

Racmactac · 18/12/2015 13:18

I disagree with most on here. A pub is supposed to insist on plastic cups if patrons are drinking outside. IF they haven't and allowed peoples to take glass outside and not cleaned up properly then they are negligent.

I would have called an ambulance as well - what else were you supposed to do if bleeding profusely. No taxi would let you get in and you wouldn't get a bus.

Hope little one is feeling better

90sforever · 18/12/2015 13:23

£2.5k, not £2.50

Sameshitdiffname · 18/12/2015 13:30

Those thinking this needed an ambulance really need to think about how far the NHS services are pushed this seriously didn't require an ambulance.

NerrSnerr · 18/12/2015 13:34

Racmac I know some pubs insist on plastic cups but I wasn't aware they were 'supposed to'. Most of my locals let you take glass outside. Do you know where you got the information about rules re- beer gardens?

Sameshitdiffname · 18/12/2015 13:37

You are allowed to take glasses outside - wel it's left up to the pubs nerrsnerr

Clobbered · 18/12/2015 13:42

The fact that you spent 6+ hours at the A + E for a cut surely tells you something about the degree of urgency / seriousness with which this injury was regarded?
Go ahead and sue, and I expect you will get the costs of wasting everyone's time awarded against you...

Babyroobs · 18/12/2015 13:47

When my son was about eight he slipped on a wet floor in the dorway of a foyer of a caravan park amusement arcade and a bolt that was sticking out of a door went into his shin. He has a permanent and very obvious large scar/ dent in his shin which is unsightly but we didn't consider suing. To me these are just childhood accidents and looking to blame someone doesn't help. I too hate the compensation culture.

multivac · 18/12/2015 13:50

"A pub is supposed to insist on plastic cups if patrons are drinking outside"

Utter nonsense, I'm afraid.

Much like the OP's belief that the restaurant, rather than her husband, was negligent.

ElphabaTheGreen · 18/12/2015 16:52

Racmac In addition to the glasses thing being bollocks, no 15mo with a 2cm head laceration, which presumably had something being held over it, would be bleeding enough for a taxi to refuse transport.

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