Canadian friend has put a seed of doubt in my mind and now I am considering legalaction which previously I had entirely discounted - help! WWYD?

[objectivity]

So, DS 6 has a fall off a Bouncy Castle at the weekend and breaks two bones - one badly. He had to go to Theatre to have it manipulated and set in plaster.

We won't know how well it is healing until his first review in a matter of days. I guess we'll receive some sort of prognosis then but I already expect it to be typical bone breakage stuff and that there will be a possibility of weakness/risk of arthritis later in life. Hey Ho.

However, talking to my friend, it's got me considering the 'later in life' aspect. What if he becomes limited in ability - whether majorly or ina minor way? What if it effects his leisure time or employment choices?

My first response to said friend was that I don't particulalrly like the 'sue the ass of everybody culture' which we are emulating more and more. Then he said, waddya think they have insurance for?

I don't want to kick up a stink and have already expressed thanks to all who helped ready to go into the next Parish magazine. This was my community's village fete - a community I respect and support. However, I love my son and what if he loses out in the end? He is far more important to me than any marring of village fete that may ensue.

Help!

I agree with amphibimum. Don't sue just because technically you can.
Also, your friend is talking rubbish with his 'what do you think they have insurance for' - all our insurance premiums go up because companies have to pay out for so many more of these claims.
And the more insurance cost, the less organisations are going to put on events because 1 they can't afford insurance and 2 they are reluctant in case someone sues. So again we all miss out.

It was an accident. Kids have them.

just leave it, children have accidents, these things happen.

If this suing malarky carries on, there will be nothing left to do. Everyone will be too scared to have village fetes, parties etc for the fear of suing.

I might write a private note to organisers including my thanks (again) along with the suggestion that they seriously consider the Health & Safety aspects of including something like a Bouncy Castle in time for next Year. The fact that it was inflated and children were on it when I arrived - saying "hey come on now,we haven't paid cos nobody's doing it yet!" is disappointing and rather indicates they hadn't thought things through thoroughly. We all learn from experience though, myself included.

There should have been a First Aid competent supervisor present from the start and thatperson should have had a clear idea of how to manage getting groups on and off the thing safely once each 5 min slot was up.

Note to self: teach DD to tie her own bloody laces.

but if you knew this, why did you let your dd on anyways?

have to say, I stay clear of bouncy castles if other kids are on them when my dd's want to go on

So,if you let your child on their, and knew nobody was supervising, its hardly fair to think about suing for something you were just as responsible for IMO

hana, I didn't allow mine on until the woman turned up. I'm just using retrospect to illusrate how much better the whole thing could and should be organised for next year. The best thing now must be for the next fete to be a safer palce,surely?

I suppose what you have to ask yourself, if if, there had not been an accident, you were perfectly happy for your child to jump on it?

Only once ther was an accident di you think of the safety aspect and the possible payout?

sorry, didn't know that
absolutely you should pass on thoughts and suggestions for subsequent events

Oh of course you think more about the safety aspect if your child has an accident! That's hardly a sign of a wicked or conniving mind! And Objectivity has now said there will be no legal action.

But you do accept there are risks involved

forevercleaning, would you liek me to put this in AIBU so you can REALLY le rip?

I did not think of legal action til my friend chewed my ear off about it. Given his rantathon I was left confused and came here to set my mind straight.

Nothing is risk free. Even walking on the pavement.

Accidents happen.

This doesn't sound negligent, it sounds like an accident.

'I might write a private note to organisers including my thanks (again) along with the suggestion that they seriously consider the Health & Safety aspects of including something like a Bouncy Castle in time for next Year. '

So now no one gets to enjoy a bouncy castle all because your child had an accident?

I've broken bones that had to be manipulated.

In my foot and ankle.

I had an accident. I missed the last step in a flight of stairs.

I'm able to do whatever I want with my legs.

whoah!!!Easy!

Think you will find several people saying accidents happen and to leave it.

You can put the thread wherever you like

If you want to make a claim for personal injury for a child under 18 there is no real rush, the 3 year time limit does not start to run until his 18th birthday, so if you want to start legal proceedings they would have to be commenced in court no later than the day before his 21st birthday.

So, if your worry is that he may end up with v complicated long term medical problems, you have bags of time.

Although,it doesn't matter how serious the injuries are, if you can't demonstrate a duty of care between whoever you want to sue and your child, and a breach which led to the injuries, you'll get squat.

The fact that you were supervising him as well suggests that you were also negligent, so in theory, he could sue you. In the case someone mentioned earlier, the father of the child was also sued for failing to supervise adequately, although the judge found him not to be negligent. That is a question of fact. In your case, a judge may take a different view.

Yeah but, expat...my point being they may well already be thinking "shit better not have a BC next year" I'd like to think my suggestions would support the inclusion of a Bouncy Castle but just that they think it through more thoroughly. No?

I intend to take DS on one before Summer's out just so he regains confidence in doing bouncy risky things. The nurses would be cross to hear me say that but - as I said to DS in hospital when he was fretting - you could have slipped on a banana skin and done the same thing.

I slipped on a banana skin on a first date with someone. Fortunately I didn't break anything - just seriously injured my pride.

Shit happens. Farking Canadian smarty pants mate. I'm going to call him later with my argument now firmly in palce. He made me feel pathetic earlier.

Hey glad i'm not the only one breaking bones on bouncy castles this weekend !!

Difference is I will be sueing.

not for the money however. Basically we were at a works 'teambuilding' thing and playing 'it's a knockout' It was during a game of gladiators see last photo However the crash mats were 1/2 this size. ABout 6' each side and possibly 8' behind. I flew off (not rim/lip to catvh you and bounced off into the generator!!

At the time I thought i had just bashed my head/funny bone, but he next day as my arm was so sore I got an xray and my elbow has a small break!!

In our team 4 people out of 10 fell right off the landing mats, therefore I feel it was unsafe and should e banned,

Hence I am looking to sue, my company ave been pretty crap so far, when I went home early yesterday (right arm, hard to type) I was tokd it was 'holoday' Today (3 days later, my directpr asked for more details for the H&S person. So far they have NOT contacted me direct!!

BTW elbows aren't platered and I have a sling, and a MASSIVE bruise which is growing all the way down my arm!!

Also my DD broke er arm last year and had the whole operation thing (Tiwce) but she is fine, really fine, there won't be long term effects with a simple break

I had bouncy castle training before I was allowed to supervise a bc at the school fete. Even so, there were still moments of stupidity, like the parent that tried to let her child go on, with a lollipop in her mouth. Can you IMAGINE what could have happened?

Gawd Crunchie - hope you're feeling better soon.

My mum received compensation for a work related injury. It was nothing in comparison to the awfulness of the situation as she nearly died but once recovered the only thing they compensated for was the weeks off work and a scar on her head (cosmetic compensation is nearly zilch). She wasn't going to sue but the HSA were prosecuting anyhow so the family convinced her to. She has used every penny already in private physio and complementary therapies not avalable on the NHS.

Blimey Crunchie, you really were crunched! Hope you get better soon. Bloody teambuilding stuff, I do think in those circumstances you would be quite right to sue - the company providing this event should be making sure no-one can fall off and injure themselves. Especially as you have little choice about taking part.