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knee injury in Play Centre

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  • 30-11-2014 2:36pm
    #1
    glynandpam
    Registered Users Posts: 35 ✭


    A friend of mine's 12 year old son was injured in a Dublin play Centre his knee was sliced open by a cable tie, It was deep enough to see the knee cap. Now he is looking at going to see a solicitor but the owner says they can sort this out without any need for a solicitor, His son has missed football for 2 weeks he is an active lad in school so has been unable to do his normal helpful jobs he does in school. Can anyone give any advice on what should he do? should he go to a solicitor? how much compensation should it be? cheers everyone
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    #2
    Whosthis
    Closed Accounts Posts: 1,342 ✭✭✭Whosthis


    glynandpam wrote: »
    A friend of mine's 12 year old son was injured in a Dublin play Centre his knee was sliced open by a cable tie, It was deep enough to see the knee cap. Now he is looking at going to see a solicitor but the owner says they can sort this out without any need for a solicitor, His son has missed football for 2 weeks he is an active lad in school so has been unable to do his normal helpful jobs he does in school. Can anyone give any advice on what should he do? should he go to a solicitor? how much compensation should it be? cheers everyone

    He should understand that 12 year old boys will fall and hurt themselves quite regularly and although it happened on somebody else's property he shouldn't feel the need to transform the accident into a shiny new car.


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    #3
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    glynandpam wrote: »
    A friend of mine's 12 year old son was injured in a Dublin play Centre his knee was sliced open by a cable tie, It was deep enough to see the knee cap. Now he is looking at going to see a solicitor but the owner says they can sort this out without any need for a solicitor, His son has missed football for 2 weeks he is an active lad in school so has been unable to do his normal helpful jobs he does in school. Can anyone give any advice on what should he do? should he go to a solicitor? how much compensation should it be? cheers everyone

    As a child is involved any settlement will require the intervention of the court. I'm afraid I'm not familiar enough with the procedure to give you any more advice than see a solicitor if you want to take this further.

    Realistically though, what are your out of pocket expenses, this isn't a windfall it's designed to distribute loss.

    The only part of me that is sort of on your side is how can someone slice themselves that badly on a cable tie? Does the place require a bit of a kick up the backside in relation to health and safety.

    Either way don't be expecting some huge windfall or it to be an easy ride. Speak to a solicitor unless it's a tenner off voucher and an apology you're looking for.


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    #4
    glynandpam
    Registered Users Posts: 35 ✭glynandpam


    The cable tie keeps the netting together and it gets cut and should be be turned around so no one could get hurt from it when you cut a cable tie the end can be very very sharp he isn't looking for a new car or anything like that he just wants to know, how much should he accept someone told him he should try and get €1500 but he doesn't know. He has been fobbed off for the last 2 weeks and now the owner wants to sort this with no fuss


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    #5
    tampopo
    Registered Users Posts: 2,331 ✭✭✭tampopo


    Mod:

    Advising on quantum of damages is legal advice. Legal advice is not allowed.

    Also, this advice is not based on any reference to law or practise and cannot be relied on in any way. It is very dubious advice.


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    #6
    glynandpam
    Registered Users Posts: 35 ✭glynandpam


    Tampopo you are saying that a 12 year old who gets a nasty sliced knee from a place where hundreds of children play on a weekly basis should just get the hospital fee only. nothing for the pain of the accident, and having an inch scar on his knee, Just let the place away with it, is that what your saying, The lad goes into the place grand, and leaves with a bloody knee and scar. not being able to do any physical activity for 2 weeks,


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    #7
    Oops69
    Registered Users Posts: 5,477 ✭✭✭Oops69


    If you feel and have been advised you reasonable grounds for a claim that there was negligence and your child suffered pain and harm and you are out of pocket either come to an agreement with the owner or sue, I presume the centre has insurance .It won't be a large amount by the sounds of things but you could put it in an account for your child for college maybe .


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    #8
    theteal
    Registered Users Posts: 7,593 ✭✭✭theteal


    glynandpam wrote: »
    Tampopo you are saying that a 12 year old who gets a nasty sliced knee from a place where hundreds of children play on a weekly basis should just get the hospital fee only. nothing for the pain of the accident, and having an inch scar on his knee, Just let the place away with it, is that what your saying, The lad goes into the place grand, and leaves with a bloody knee and scar. not being able to do any physical activity for 2 weeks,

    sounds about right


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    #9
    Oops69
    Registered Users Posts: 5,477 ✭✭✭Oops69


    Also in the interests of other children who could potentially be at risk of injury , you should report the centre to the health and safety authority , an inspector will call , www.hsa.ie.


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    #10
    Del2005
    Registered Users Posts: 18,903 ✭✭✭✭Del2005


    glynandpam wrote: »
    Tampopo you are saying that a 12 year old who gets a nasty sliced knee from a place where hundreds of children play on a weekly basis should just get the hospital fee only. nothing for the pain of the accident, and having an inch scar on his knee, Just let the place away with it, is that what your saying, The lad goes into the place grand, and leaves with a bloody knee and scar. not being able to do any physical activity for 2 weeks,

    Tell them to contact the injuries board to see how much a cut knee is.

    http://www.injuriesboard.ie/eng/


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    #11
    Peppa Pig
    Registered Users Posts: 2,670 ✭✭✭Peppa Pig


    glynandpam wrote: »
    Tampopo you are saying that a 12 year old who gets a nasty sliced knee from a place where hundreds of children play on a weekly basis should just get the hospital fee only. nothing for the pain of the accident, and having an inch scar on his knee, Just let the place away with it, is that what your saying, The lad goes into the place grand, and leaves with a bloody knee and scar. not being able to do any physical activity for 2 weeks,
    Tell him not to play football again because its 100 times more likely to happen there.

    Imagine a 12 year old not being able to do any physical activity for 2 weeks because of a cut knee. Next you will tell us he was in a wheelchair.


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    #12
    Gael23
    Registered Users Posts: 12,089 ✭✭✭✭Gael23


    I was going to suggest exactly that. It was an unfortunate accident which was nobody's fault


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    #13
    glynandpam
    Registered Users Posts: 35 ✭glynandpam


    ryanf1 wrote: »
    I was going to suggest exactly that. It was an unfortunate accident which was nobody's fault

    Neglagence on the play centres part. at 1st he was told they has just had an inspector out only a few days before, if that was the case there wouldn't have been anything to cut his knee on. Yes it was an accident but the lad has not been able to play sports for 2 weeks due to the place what if it had been a 4/5 year old and the cut was to the face would it still be the same, people would be in uproar. you take your kids to a play centre not expecting them to be cut while in there, yes they get bumps and that but to come away with a scar for life on there knee, no They have a duty to make sure the place is as safe as possible for all children


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    #14
    Peppa Pig
    Registered Users Posts: 2,670 ✭✭✭Peppa Pig


    glynandpam wrote: »
    Neglagence on the play centres part. at 1st he was told they has just had an inspector out only a few days before, if that was the case there wouldn't have been anything to cut his knee on. Yes it was an accident but the lad has not been able to play sports for 2 weeks due to the place what if it had been a 4/5 year old and the cut was to the face would it still be the same, people would be in uproar. you take your kids to a play centre not expecting them to be cut while in there, yes they get bumps and that but to come away with a scar for life on there knee, no They have a duty to make sure the place is as safe as possible for all children
    Sounds like the only advice you want is how much money he'd get in court. You don't seem to want opinions different to this.


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    #15
    glynandpam
    Registered Users Posts: 35 ✭glynandpam


    Happy with opinions Just my friend is meeting the owner on tuesday and the owner wants to settle this without solicitors so he doesn't know what figure he should accept. the figures he has is €1500 top and €750 the lowest so just wondering is this realistic?


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    #16
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    The owner is an absolute idiot if he gives you anything. It's tantamount to an admission of liability, non-binding and if his insurance finds out he's going to be pretty screwed.

    This all sounds very shoddy to me. No one can advise you on 'how much' because frankly this is an under the table job and more suited to After Hours.

    I'd be more interested in reporting this and getting the place shut down or fixed, if this is the sort of antics going on with something as serious as this I wonder what else is going on.


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    #17
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    glynandpam wrote: »
    Happy with opinions Just my friend is meeting the owner on tuesday and the owner wants to settle this without solicitors so he doesn't know what figure he should accept. the figures he has is €1500 top and €750 the lowest so just wondering is this realistic?

    Any settlement and that includes a private settlement or one in PIAB must and I mean must be ruled by a Judge. To do otherwise allows the child once he turns 18 and for two years after to bring his own case. Also any money must be lodged into the court for the Childs benefit till he turns 18.


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    #18
    eviltwin
    Registered Users Posts: 17,495 ✭✭✭✭eviltwin


    Nice little earner in the run up to Christmas.


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    #19
    bucketybuck
    Registered Users Posts: 18,169 ✭✭✭✭bucketybuck


    glynandpam wrote: »
    Tampopo you are saying that a 12 year old who gets a nasty sliced knee from a place where hundreds of children play on a weekly basis should just get the hospital fee only. nothing for the pain of the accident, and having an inch scar on his knee, Just let the place away with it, is that what your saying, The lad goes into the place grand, and leaves with a bloody knee and scar. not being able to do any physical activity for 2 weeks,

    I didn't realise I was due millions from all the bumps and scrapes I picked up as a child. Had a real gusher once, that must be worth a Ferrari a least!!! :pac:

    The compo culture disgusts me.


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    #20
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Mod:
    ryanf1 wrote: »
    I was going to suggest exactly that. It was an unfortunate accident which was nobody's fault
    Please don't do that. Somebody else already gave dubious legal advice on this thread.


    eviltwin wrote: »
    Nice little earner in the run up to Christmas.
    bucketybuck wrote: »
    The compo culture disgusts me.
    No more snide comments, please. These comments do not contribute to Legal Discussion.


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    #21
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    Being a kid, he is going to suffer a few injuries, it's all in the contract for being a 12 year old :D

    Was it negligence, or just one of those freak chance accidents? Is the place run well? Is it otherwise safe? I have an 11 year old and if this happened to him, I would be looking for the A&E bill to be covered and would be happy if fifty quid and a few free passes were guven to me for the inconvenience caused to me and my son. €1,500 is just silly to expect and you know it. I can smell the green lust from this. Anything over €200 (bill, petrol, time, mild pain, scar most kids have) IMO is just robbery and sets a terrible example for the son.


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    #22
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    How many stitches?


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    #23
    Mr_Red
    Closed Accounts Posts: 483 ✭✭Mr_Red


    glynandpam wrote: »
    The cable tie keeps the netting together and it gets cut and should be be turned around so no one could get hurt from it when you cut a cable tie the end can be very very sharp he isn't looking for a new car or anything like that he just wants to know, how much should he accept someone told him he should try and get €1500 but he doesn't know. He has been fobbed off for the last 2 weeks and now the owner wants to sort this with no fuss

    Are the parents using the kids injury as financial benefit for themselves?

    Like alot of stories in the papers, it seems this is the culture we live in these days

    If I was the owner and agreed I was going to settle out of court financially, I would go through a solicitor to sent up an account so the kid could access the money when he is 18.


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    #24
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Mr_Red wrote: »
    Are the parents using the kids injury as financial benefit for themselves?

    Like alot of stories in the papers, it seems this is the culture we live in these days

    If I was the owner and agreed I was going to settle out of court financially, I would go through a solicitor to sent up an account so the kid could access the money when he is 18.

    Not only should you do that by law you must do that, any settlement on behalf MUST be ruled by a Judge and the money lodged to Court till the minor turns 18.


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    #25
    Peregrinus
    Registered Users Posts: 26,117 ✭✭✭✭Peregrinus


    Yes, there's really no point in settling unless you do this. The idea of a settlement is to close the matter off - they can't come back at you later for more. But if there's a child involved, then the child can come back at you later if you haven't had the settlement ruled in court.


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