€30,000 for a cutting one's own lip as a baby

Wheety

https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/girl-who-injured-lip-in-dublin-creche-awarded-30-000-1.3649064

Judges are from a different planet if they think €30k is ok for a baby cutting their lip.

I wouldn't even think of bringing a case in this situation. Babies inevitably bump off things, get bruised, cut themselves. It's normal. Imagine immediately thinking, who's to blame?

The last few paragraphs are a joke.

“The injury has resolved very well but there is a small residual scar about one millimetre in length which is not obvious from conversational distance,” Mr Martin told the court.

He said a plastic surgeon had advised that there was no necessity for cosmetic surgery.

Judge Berkeley approved a settlement offer of €30,000 from the creche.

That's her own barrister arguing that it wasn't a big deal and a tiny scar has been left. Judge awards €30k just like that.

Rereading it, the Creche offered the €30k to settle. Sentiment still stands though. It's madness that it got that far. Creche probably feared a higher payout.

De Bhál

a 1mm scar??

bizarre

I'm worth a fortune

Wheety

sugarman wrote: »

While €30k is fairly excessive, I think it's fair game since they were paying a crèche for the service of minding their child and the child was unsupervised when the incident happen. A 1 year old child at that. They aren't even sure how the incident happened!

An apology and promise it won't happen again, possibly offer 1 month's free creche. €30k is just crazy.

Lollipops23

I remember being in creche as a kid, another child managed to run headlong into a chair. He properly gashed forehead open.

Did his family sue? Nope. I'm sure he still has a scar 25 years later.

How different things were back then...

lalababa

This country is frigged...insurance will be going mad.

minikin

somehow had been struck by the handlebars of a tricycle

Poltergeist? Any chance at all that another child collided with her? All kids must be kept in isolation booths from now on.

I'd imagine the award was granted so that legal and expert witness fees could be paid to all concerned.
All comes from insurance so we all get to pay a little bit for a bitten lip...
I usually bite my tongue, rather than responding, when I read things like this but I can't afford the subsequent legal fees when i sue myself.

13 years of bull**** and legal fees I wonder?

A small child was left under the supervision of care staff at a creche. While in their care, the child was hurt by a tricycle and hurt their lip. No one was supervising the child - the thing they're paid to do - and no one has even a clue how it happened because no one was watching the children, as they are contracted to do.

The payout is a warning shot for all creches who don't exercise the most diligent supervision and is because while the kiddy only hurt their lip, it could have been much, much worse while there was nobody supervising tiny kids on trikes. Hopefully all creche management will take note of this settlement and make any necessary adjustments.

I don't know what the outrage is. The outrage is that it happened and nobody knows why because the people paid to watch the kids didn't watch the kids.



Sorry, I mean ITSPCGONEMADITELLYOUTHATTODDLERSHOULDTAKERESPONSIBILITYFORITSOWNSUPERVISION!

Captain Obvious

Seems fair enough. The creche weren't even supervising her to the extent they could tell how she was injured. That's incredibly negligent for professional childcare.

ohnonotgmail

Deleted User wrote: »

13 years of bull**** and legal fees I wonder?

This exactly. How the hell did this take 13 years to get to court? The fees on this will be ridiculous at this stage. The kid will get the square root of nothing out of this.

The Bishop Basher

ohnonotgmail wrote: »

This exactly. How the hell did this take 13 years to get to court? The fees on this will be ridiculous at this stage.

You’ve answered your own question.

Always follow the money..

corks finest

Wheety wrote: »

https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/girl-who-injured-lip-in-dublin-creche-awarded-30-000-1.3649064

Judges are from a different planet if they think €30k is ok for a baby cutting their lip.

I wouldn't even think of bringing a case in this situation. Babies inevitably bump off things, get bruised, cut themselves. It's normal. Imagine immediately thinking, who's to blame?

The last few paragraphs are a joke.

“The injury has resolved very well but there is a small residual scar about one millimetre in length which is not obvious from conversational distance,” Mr Martin told the court.

He said a plastic surgeon had advised that there was no necessity for cosmetic surgery.

Judge Berkeley approved a settlement offer of €30,000 from the creche.

That's her own barrister arguing that it wasn't a big deal and a tiny scar has been left. Judge awards €30k just like that.

Rereading it, the Creche offered the €30k to settle. Sentiment still stands though. It's madness that it got that far. Creche probably feared a higher payout.

Absolutely one more thing what's wrong with our country

ohnonotgmail

Rennaws wrote: »

You’ve answered your own question.

Always follow the money..

well actually my point was did the creche not make an offer MUCH sooner. They were clearly liable for what happened. the only question could be over the extent of the compensation.

Riddle101

With the amount of injuries I got as a kid in pubic places, I could have been a millionaire by now. Broke my nose in the school yard when I ran nose first into someone. Split my lip after falling in the church courtyard at Mass one day. My foot was accidentally run over by a car when I was tying my shoelaces. We never sued though. Never felt the need to.

€30,000 is too much though.

Assetbacked

Lazy insurance company and a law firm they instruct who try to cover themselves by not committing to an answer which says "this case is ridiculous". Insurance company proposes a figure to settle as against risk of going to court and losing (which ignores the notion of the claim being without merit). Plaintiff accepts settlement figure, judge approves and lawyer goes home with fee as well as insurance claims handler clutching piece of paper proferring a good outcome for the business. The whole system is a disgrace.

DEFTLEFTHAND

A 1yr old in a creche?:(

It just don't think that it's a good idea to raise babies like this.

professore

Candie wrote: »

A small child was left under the supervision of care staff at a creche. While in their care, the child was hurt by a tricycle and hurt their lip. No one was supervising the child - the thing they're paid to do - and no one has even a clue how it happened because no one was watching the children, as they are contracted to do.

If no one had a clue, how do they know the child was struck by a tricycle? How do they know it didn't happen afterwards?

Candie wrote: »

I don't know what the outrage is. The outrage is that it happened and nobody knows why because the people paid to watch the kids didn't watch the kids.

Sorry, I mean ITSPCGONEMADITELLYOUTHATTODDLERSHOULDTAKERESPONSIBILITYFORITSOWNSUPERVISION!

The award isn't proportionate. €1K + paying any medical bills would be plenty, and would be the award for a similar incident in the UK.

Thanks to claims like this, creches who do supervise their children diligently will have inflated insurance premiums which will be passed on to the parents of other children.

The Bishop Basher

ohnonotgmail wrote: »

well actually my point was did the creche not make an offer MUCH sooner. They were clearly liable for what happened. the only question could be over the extent of the compensation.

I know I got that. Their solicitors may have dragged it out. Can’t see any other reason if the client was willing to settle but who knows.

Same people always gain though..

These payouts are becoming more and more farcical..

professore

DEFTLEFTHAND wrote: »

A 1yr old in a creche?:(

It just don't think that it's a good idea to raise babies like this.

That's a whole other can of worms.

JJayoo

The judges are to blame, can't be touched and the media will never say a bad word, it's actually hilarious if someone mentions a judge on Joe Duffy's show he goes into panic mode and cuts the caller off

ohnonotgmail

JJayoo wrote: »

The judges are to blame, can't be touched and the media will never say a bad word, it's actually hilarious if someone mentions a judge on Joe Duffy's show he goes into panic mode and cuts the caller off

you do realise the judge didnt actually make the award?

professore

There is no way I would have a business in Ireland now where the general public are involved. Far too risky. One trip and you are out of business.

Not condoning the creche, they clearly weren't doing a good job. Or at least their staff weren't. One problematic staff member and you are ****ed.

Lollipops23

DEFTLEFTHAND wrote: »

A 1yr old in a creche?:(

It just don't think that it's a good idea to raise babies like this.

I was in from 12 weeks. I loved creche, some very fond memories of it.

kylith

How 'unsupervised' was she? Was she alone in the room, or was the staff member just looking in tho opposite direction at that exact moment? However awards like this are one of the reasons that childcare fees in this country are astronomical.

biko

Give the kid a motorcycle helmet to wear always from now on.

"I'm sorry young man. It is because your parents sued us when you little. When you're 18 you can choose not to wear it anymore"

Captain Obvious

biko wrote: »

Give the kid a motorcycle helmet to wear always from now on.

"I'm sorry young man. It is because your parents sued us when you little. When you're 18 you can choose not to wear it anymore"

Or just do your job and watch one year olds in your care..

mikhail

Captain Obvious wrote: »

Or just do your job and watch one year olds in your care..

Which one? What's the staff:baby ratio required to never have a child not under scrutiny?

And people wonder why childcare is so ****ing expensive.

Gatling

Crazy payout , people have gotten less for serious accidents over the years ,

Surely someone could oversight of of cases allowed to go before a judge , something like this should be being told no sorry , further action not required.

griffin100

ohnonotgmail wrote: »

This exactly. How the hell did this take 13 years to get to court? The fees on this will be ridiculous at this stage. The kid will get the square root of nothing out of this.

Not necessarily true. The kid could have sued via her dad at any stage up to 18 years old and then in her own name for a further two years after that. This claim could have been made a year ago for all we know.

Any offer to a child has to be approved by a judge and will be held in trust for them by an agent, usually a solicitor, until they are 18. When making an offer to a child you have to be careful not to undervalue the claim, otherwise a judge will refuse to approve it and may suggest a higher offer is required.

iamwhoiam

Captain Obvious wrote: »

Or just do your job and watch one year olds in your care..

Even if there were three people in a room they still only have six eyes between them and there will be seconds of time when they cannot see every single minute part of every child . Things happen in seconds even at home , its life with toddlers

shamrock55

Craziest thing I've ever heard, her parents will have no luck for it, and that judge should be jailed

suicide_circus

money solves everything

biko

The creche probably will have to increase their prices now to cover the loss.
And it be clear to everyone why they must now pay more for their kids at the creche, it was in the paper.

Atoms for Peace

I'm minted lads if the going rate is 30k a mm for scars.

Ms2011

This is why kids aren't even allowed run in some schools anymore.
This injury could just as easily happened on the parents watch, just today my son ran full force into the kitchen door & is sporting an impressive bump on his forehead as a result, I was in the kitchen at the time but couldn't have prevented it.

Mint Sauce

Define not being supervised. The teacher/assistant, etc, can not have eyes on every kid, at every moment, even if there were two of them in the room, a distraction of only a second, and a kid could fall or run into something.

The claim and settlement culture in this country is fecking daft.

jmreire

lalababa wrote: »

This country is frigged...insurance will be going mad.

Presumably, this is the first claim that has been made against this creche?
1st strike so, roll on claim Nr 2,and insurance costs will go through the roof....Claim Nr 3 will most likely close the creche. The compo culture in this Country is a cancer, and it is destroying Society. :mad::mad::mad:

The Crowman

I bit a piece off a glass of fanta I was drinking in a pub with my dad when I was about five. Mind you that was in the 70's so I've probably left it a bit late to cash in.

Samsgirl

Riddle101 wrote: »

With the amount of injuries I got as a kid in pubic places, I could have been a millionaire by now. Broke my nose in the school yard when I ran nose first into someone. Split my lip after falling in the church courtyard at Mass one day. My foot was accidentally run over by a car when I was tying my shoelaces. We never sued though. Never felt the need to.

€30,000 is too much though.

Did your pubic places heal okay???!!!

Jimmy100

Duty of care. Leaving a 1 year old in a room with other children without adult supervision is unacceptable. Parent(s) paid a lot to keep it from happening. Here's another: www.independent.ie/irish-news/22000-for-girl-6-scarred-for-life-by-school-fun-25948339.html

iamwhoiam

Jimmy100 wrote: »

Duty of care. Leaving a 1 year old in a room with other children without adult supervision is unacceptable. Parent(s) paid a lot to keep it from happening. Here's another: www.independent.ie/irish-news/22000-for-girl-6-scarred-for-life-by-school-fun-25948339.html

Did it say " without adult supervision " ? It said no one noticed the incident but thats not to say there was no one in the room
It happens in a split second and could easily happen at home with two parents in a room . Toddlers trip and fall and sometimes fall on to things , its life
My own fell splitting her head with four adults in the room

Mad.