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Baby injured by negligence: do I complain, sue, what?

126 replies

cockle · 06/11/2004 21:10

Feeling very angry after a horrible experience in a children's hairdressers with DS. He's just 9 months and it was his first haircut - a bit of a whim really but his hair was very wild and patchy. Wish I'd never bothered.

Hairdresser strapped him into chair and pumped chair up to quite a height (1 metre?). Haircut over, he suddenly plunged headfirst onto the floor - it turned out the harness hadn't been attached to the bl**dy chair.

His head and face are badly bruised, grazed and swollen - he looks a complete mess - but TOUCH WOOD he seems to be otherwise OK - took him to A&E and had him thoroughly checked over - just keeping an eye on him now (they let us take him home as DP is a doctor).

The fact is though, a fall like that could have killed him. The hairdresser was reasonably apologetic, but the manager was crap - EVENTUALLY appeared and asked what had happened, then wandered off again to serve other customers. Accidents will happen, but a place like that which specialises in babies in children should (a) have proper equipment, (b) use it properly, and (c) train its staff in safety procedures. Hairdresser admitted she hadn't checked the harness was attached (it wasn't part of the chair).

So now what? I am furious and want to make sure this doesn't happen to anyone else. I also want to make these people face up to the seriousness of their negligence and make them realise that you cannot afford to be blase and negligent when dealing with children. What would you do?

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tortoiseshell · 06/11/2004 21:15

Oh the poor pet. Hideous when something like that happens. Is the hairdresser a chain or an independent? If it's a chain, then write to the general manager, if independent, write stinker of a letter to manager, threaten legal action - don't know if you want to go through legal route, but doesn't hurt to threaten them with it. I would also take some photos of your ds, just as a record.

I'm sure you'll get some better advice than this, but definitely think you should take it further. Hope he is quickly recovered.

lilsmum · 06/11/2004 21:16

i personally would write a letter of complaint or ring up and ask to speak to the owner not the manager... i would also go and have a chat with citizens advice and ask their advice on this.... it is disgusting that this happened and they should be taught to be alot more vigilent!!

so sorry for your ds, hope he is better soon

xxx

cockle · 06/11/2004 21:18

Thanks tortoiseshell. Thought abt photos then I said no, I don't want to be reminded of this! Maybe we'll take some in the morning.

Don't know about the legal route either. Don't want to be some kind of moneygrabber trying to make capital out of DS's misfortune - on the other hand, it may be the only way to make these people take it seriously - I really think they have no idea of their responsibilities.

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zephyrcat · 06/11/2004 21:18

Sue them. That is shocking. Do it asap.

cockle · 06/11/2004 21:19

Thanks lilsmum. I feel so shaken and tearful.

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cockle · 06/11/2004 21:19

Do you think so zephyrcat?

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pixiefish · 06/11/2004 21:25

go to the local paper- that's the way to warn other parents

DelGirl · 06/11/2004 21:28

poor you and and DS. I would definately write a letter of complaint, take pictures. I think pixiefish's idea to put it in the local paper is a good one, it wont happen again that way. Well, you'd hope not.

MunnzieB · 06/11/2004 21:28

my god, go to the press even if it's only local, other parents really should know about this, the person concerned should have at least been reprimanded and disaplined in some shape or form. Did they offer any kind of compensation?? I assume the staff were not too fussed about the incident. Hope DS is feeling better soon, and thank god it wasn't a more serious injury.

MunnzieB · 06/11/2004 21:29

sorry guys your paper message came up whilst I was typing mine.

jampot · 06/11/2004 21:30

SOrry to hear about your childs fall cockle and hopefully he will be absolutely fine. I would definitely write a stinking letter to the hairdressers. However i think you'd only be able to sue if there were injuries lasting more than say a week or two (hopefully not in your son's case). I dont think you would be able to claim for what could have happened IYKWIM. Anyway there's no rush to do the claim thing - you have til he's 21! It is worth taking piccies though. Hope he feels better soon.

zephyrcat · 06/11/2004 21:41

Definately cockle. As you say - it could have been so so much worse. Thankfully he is ok but what happens if the next baby/child isn't so lucky? Unfortunately as with many things these days it takes for something to happen to get something done. They need to be made aware of the severity of what has happened. Try going to your CAB or many solicitors will give you free advice on something like this. Good luck and hope you all feel better soon (sorry i was quite short in my first post but it made me angry!!)

zephyrcat · 06/11/2004 21:42

ps - you definately have to take pics - i know they're awful but you will need them whichever way you decide to take this

pixiefish · 06/11/2004 21:43

whatever you do you must take photos

marthamoo · 06/11/2004 21:47

That is absolutely appalling, cockle - I hope he is OK. Accidents happen, but that is sheer negligence. I'm not sure what I would do, but I would definitely take pictures so you have evidence if you decide to take it further. You must be very shaken up - it's horrible to see your child hurt. Much sympathy.

cockle · 06/11/2004 21:55

Thanks SO much everyone for all your support and advice. No idea what we'll do but we'll definitely take photos in the morning and have a serious think. Whatever happens we'll make sure we do whatever it takes to make sure this doesn't happen again. And to make sure these stupid people WAKE UP and take the whole thing a hell of a lot more seriously.

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coppertop · 06/11/2004 21:56

I agree with the idea of going to the local paper. It's a relatively easy way to inform other parents asap. Make sure you take some photos too.

cockle · 06/11/2004 22:06

I just feel so wrung out and exhausted by the whole thing - just keep replaying the awful fall over and over again in my head, and then of course adding endless vivid variations on what COULD have happened.

Guess I just need to check on DS, get some sleep and hope the bruises haven't developed into scary technicolor lumps by the morning.

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cellulitequeen · 06/11/2004 22:06

That's awful cockle, your poor DS and how very distressing for you. I am sure that you have a valid claim for damages if you wanted to go down that route (my brother is a PI solicitor so I do have some idea of what I'm talking about here!). I think that notifying the local papers is also a good idea. I hope your DS is better tomorrow.

handlemecarefully · 06/11/2004 22:22

You absolutely MUST at least go to the local paper and preferably send a solicitors letter threatening legal action. This is dreadful - especially if the attitude of the manager was totally dismissive. So pleased that your little boy is okay - but it could have been very serious as you say.

KangaMummy · 06/11/2004 22:30

OMG

I think you should take photos, phone the local paper and sue them.

Imagine if there had been a shelf or something for him to cut head on.

If you had done it to him and taken him to hospital you may have been accused of neglect or abuse.

What is the point in having a harness and not having it attatched to the chair.

Why don't they use a high chair type with a proper harness like reins.

Please let us know how your ds is in the morning.

sending you all cyberhugs {{{{}}}}

handlemecarefully · 06/11/2004 22:33

PS I'd love this if I was editor of the local rag:

FIRST HAIRCUT ENDS IN HORROR TUMBLE

Mum of 9 month old tot (insert baby's name)got more than she bargained for when she took her baby son for his first hair cut. (Baby's name)had just had his fringe trimmed at City Hairdresser's (insert salon name) when he fell a distance of 1 meter onto the tiled floor. Mum - (insert your name)said:

"It was just awful. They hadn't secured him properly in his harness. We rushed him to A&E, and he is going to be okay, but as you can see he is black and blue"....

etc

Wouldn't it make good copy? I am sure they would print it and this is just what the hairdressers need to give them a kick up the a*se.

morningpaper · 06/11/2004 22:34

How awful, cuddles to you both.

I would seek legal advice - if you sue, you can always give the money to the local baby unit. I would definitely sue because like you say, it could have been MUCH worse and they obviously didn't realise how serious it was.

Really sorry to hear your story.

handlemecarefully · 06/11/2004 22:36

Sorry, thought I should just say that I wasn't being flippant with my mocked up news story - just trying to convince you that it would be worth getting it in the local press

SofiaAmes · 06/11/2004 22:43

You should definitely take pictures. And even if you don't go through with it, get a solicitor to write them a letter which will, if nothing else, hopefully scare them into taking better care next time.

Your poor ds...I hope he is feeling better. I highly recommend cutting his hair yourself. I did my ds until he was 2 or so. Dh used to complain that I was "going to do it crooked," but the reality is that at that age they are generally so busy mushing every meal in their hair that there is hardly any point in time when they are still enough or clean enought that you'd notice whether their haircut was crooked or not.

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