Broken arm in school ,age 5 yrs do you sue

redcatstar

A bit lost my 5 yr old broke her arm in playschool, what happens here is it an accident or not , she fell over scooter, dont really know what to do , on one hand I'm angry that something was left in an area were they weren't playing with scooters and she fell is in a cast and may possibly need an op. And on the other hand I I think accidents happen,
Not much contact from playschool, do I go in and talk to manager or sue, child advised by hospital not to return to playschool for at least 3 weeks in case bone moves .I pay my taxes have never sued or felt like sueing but I'm really at a loss here
Advice welcome

antix80

Genuine question. Did you see dollar signs or the euro symbol?

callaway92

One of the more disgusting thread openers I’ve seen in a while.

Wtf in your right mind makes you think that a decision to sue the school here is a justified one.

Jim_Hodge

Accidents happen. Sounds like an accident.

Pawwed Rig

You probably could and end up getting a pay out of some sort. The question I'd ask is if you should. No would be my opinion.

Seth Brundle

redcatstar wrote: »

I pay my taxes have never sued or felt like sueing but I'm really at a loss here

What loss are you at?
Your kid was playing and injured herself. Should you stop her playing in future?

redcatstar wrote: »

Advice welcome

Stop being so greedy!

NIMAN

Jim_Hodge wrote: »

Accidents happen. Sounds like an accident.

To many, there is no such thing as an accident, only a chance to make a bob or two.

Its people like this who are making schools do away with PE, running in the playground, horseplay etc. All things kids really need to develop.

joebloggs32

redcatstar wrote: »

A bit lost my 5 yr old broke her arm in playschool, what happens here is it an accident or not , she fell over scooter, dont really know what to do , on one hand I'm angry that something was left in an area were they weren't playing with scooters and she fell is in a cast and may possibly need an op. And on the other hand I I think accidents happen,
Not much contact from playschool, do I go in and talk to manager or sue, child advised by hospital not to return to playschool for at least 3 weeks in case bone moves .I pay my taxes have never sued or felt like sueing but I'm really at a loss here
Advice welcome

If a friend visited your house with their child and that child fell over a toy in your house would you be happy for them to sue you?

antodeco

May I ask, you state "i pay my taxes". Is there any particular reason why you raised this? As a taxpayer do you feel you have more of a right to sue?

Phoebas

redcatstar wrote: »

A bit lost my 5 yr old broke her arm in playschool, what happens here is it an accident or not , she fell over scooter, dont really know what to do , on one hand I'm angry that something was left in an area were they weren't playing with scooters and she fell is in a cast and may possibly need an op. And on the other hand I I think accidents happen,
Not much contact from playschool, do I go in and talk to manager or sue, child advised by hospital not to return to playschool for at least 3 weeks in case bone moves .I pay my taxes have never sued or felt like sueing but I'm really at a loss here
Advice welcome

I really don't get this bit.

If you feel that your daughter was injured due the negligence of the playschool, surely you would never put her back in this place of danger?

NIMAN

Would 3 weeks not take it to the summer holidays?

gizabeer

Maybe don't sue anybody , accidents happen .

athlone573

Reading the replies here you would think there was never a reasonable personal injury case taken by anyone anywhere.

Playschools shouldn't be leaving scooters lying around for kids to trip over.
A solicitor can advise you whether you have a case to bring. Ask her about what happens if you lose and if you might have to pay costs like the golfer in sligo.

The arm may grow back stronger and, being harsh, it may be a lesson to her to watch where she's going in future.

lapua20grain

My son broke his arm in school when some other lad ran in to him, did I think of suing the school? Did I fook, accidents happen & unless your child has lost the use of their arm or will be affected in the future then don't sue. People like you are the reason we can't have anything nice because the cost of insurance is too high.

Swaine

athlone573 wrote: »

if you lose and if you might have to pay costs like the golfer in sligo.

I really hope this happens.

FutureGuy

redcatstar wrote: »

A bit lost my 5 yr old broke her arm in playschool, what happens here is it an accident or not , she fell over scooter, dont really know what to do , on one hand I'm angry that something was left in an area were they weren't playing with scooters and she fell is in a cast and may possibly need an op. And on the other hand I I think accidents happen,
Not much contact from playschool, do I go in and talk to manager or sue, child advised by hospital not to return to playschool for at least 3 weeks in case bone moves .I pay my taxes have never sued or felt like sueing but I'm really at a loss here
Advice welcome

This is what is wrong with Ireland. She wasn't careful. Move on,

Wesser

So..... you never leave things on the ground at home where your child isnt playing?


Because if you have ever done this.... even once... you are saying that you are a negligent parent yourself..... if you feel that you can sue the playgroup after leaving something on the ground in the area they were not playing .

Ps. Why would you be sending your child back in 3 weeks if you think they are negligent???!!

This stuff engages me. Accidents happen. Get over it

micar

Compo culture at it's best.

Do you know the circumstances of the positioning of the scooter?

Kids trash the place. They plays with something, get bored and just drop it where ever. No concept of what goes where nor do they care.

Ask them to pay any medical bills, come to arrangement for a reduction to fees.

If you are looking for a free holiday, new car or extension them sue......but to use you child for this is not great.

Why are insurance premiums so high in this country?

Oh yeah...

eviltwin

People looking to make a few quid off their kids misfortune make me sick.

You shouldn't be out of pocket for your medical costs but that's it. Trying to make a profit out of it is greedy as fcuk.

Castlekeeper

eviltwin wrote: »

People looking to make a few quid off their kids misfortune make me sick.

You shouldn't be out of pocket for your medical costs but that's it. Trying to make a profit out of it is greedy as fcuk.

Medical costs are a part of having children too.

Is the child blind or something?

I'd say the parents are more of a danger than the broken arm.

Mongfinder General

We’re not talking severed limbs here. It’s a broken arm that will heal. If there’s a medical expense then this cost should be covered by insurance. Trying to profit from a kid’s misfortune is not right.

whisky_galore

Disgusting but unsurprising attitude.

No wonder public facilities are being closed down due to chancers like the OP.

Mimon

My son fell over and broke his arm when messing with some classmates in the schoolyard. Never even entered my head to sue.

myshirt

The child does have the basis of a claim, and you can put this into the Injuries Board for assessment. If you don't know what you are doing get the help of a solicitor.

What disturbs me is though... look what drives your concern....

Focus on the welfare of your child. Frame your thinking in terms of the welfare of the child. A broken arm is no joke. Your immediate jump to frame your thinking in terms of a claim is disturbing. I say this now and I can almost anticipate the reply in your head thinking up reasons why that's not the case, and trying to convince yourself differently. But face it, your focus is not on minding that child. It's the money.

I'm worried about this child here. The child was injured here and you had to be told to hold her out for 3 weeks? And you intended putting her back in if you hadn't this advice? I have an awful fear the child will be putting a claim in against you soon.

If you're angry about the scooter being left out by all means voice the anger but I don't understand why you would sue? Genuinely don't understand. If she'd fallen over badly maintained stairs or a giant hole that had been dug and left open I'd see more negligence, but taking a tumble over a piece of play equipment in a play environment not so much. You can of course sue and may well win but just because you can doesn't mean you should - if we all did everything we were entitled to do the world would collapse.

redcatstar

Wow, lot of angry people on here, I was asking for advice not abuse, if you read my post again, you will see I said I was lost and angry, no apology from school or follow up plus scooter was not were it should have been and it was set play with the carers not running around mad. I just wanted to see what people thought and advice not abuse
I was hoping for ,yes it was an accident and some understanding

Screwthebeast

redcatstar wrote: »

A bit lost my 5 yr old broke her arm in playschool, what happens here is it an accident or not , she fell over scooter, dont really know what to do , on one hand I'm angry that something was left in an area were they weren't playing with scooters and she fell is in a cast and may possibly need an op. And on the other hand I I think accidents happen,
Not much contact from playschool, do I go in and talk to manager or sue, child advised by hospital not to return to playschool for at least 3 weeks in case bone moves .I pay my taxes have never sued or felt like sueing but I'm really at a loss here
Advice welcome

So your kid fell over a stationary object

You know when you're driving if you hit a stationary object it's the drivers fault right.

Sheesh, gotta be a troll post

redcatstar

redcatstar wrote: »

Wow, lot of angry people on here, I was asking for advice not abuse, if you read my post again, you will see I said I was lost and angry, no apology from school or follow up plus scooter was not were it should have been and it was set play with the carers not running around mad. I just wanted to see what people thought and advice not abuse
I was hoping for ,yes it was an accident and some understanding

You've been given plenty of advice.

Just not what you wanted to hear.

Your child tripped over a scooter. What sort of apology is needed? The scooter may have been in the wrong area but that happens when looking after children.

Accidents happen.

If you are so angry, why are you putting your child back into playschool?

Anyway, you have seen what we think. Sorry that it wasn't what you wanted to hear (i.e encouragement to sue)

listermint

joebloggs32 wrote: »

If a friend visited your house with their child and that child fell over a toy in your house would you be happy for them to sue you?

Excellent example and a good and reasonable question for many to ponder.


It's folks like the OP that close the doors on facilities in this country for good. Which is why Ireland has a literal lack of good quality out door available facilities.

One less playschool I suppose and ridiculously high insurance for any that can stay open.

myshirt

redcatstar wrote: »

Wow, lot of angry people on here, I was asking for advice not abuse, if you read my post again, you will see I said I was lost and angry, no apology from school or follow up plus scooter was not were it should have been and it was set play with the carers not running around mad. I just wanted to see what people thought and advice not abuse
I was hoping for ,yes it was an accident and some understanding

It's not about you. Will you stop thinking about yourself. It's the child here that is injured.

whelan2

There should be school insurance in place to cover the medical costs. No way would I sue.

myshirt

myshirt wrote: »

It's not about you. Will you stop thinking about yourself. It's the child here that is injured.

I feel sorry for the scooter

listermint

redcatstar wrote: »

Wow, lot of angry people on here, I was asking for advice not abuse, if you read my post again, you will see I said I was lost and angry, no apology from school or follow up plus scooter was not were it should have been and it was set play with the carers not running around mad. I just wanted to see what people thought and advice not abuse
I was hoping for ,yes it was an accident and some understanding

Have you found yourself ever giving out about why childcare is so expensive....

Il give you a hint....

redcatstar

Jim_Hodge wrote: »

Accidents happen. Sounds like an accident.

Thank you for your honest reply with no abuse

seligehgit

lapua20grain wrote: »

My son broke his arm in school when some other lad ran in to him, did I think of suing the school? Did I fook, accidents happen & unless your child has lost the use of their arm or will be affected in the future then don't sue. People like you are the reason we can't have anything nice because the cost of insurance is too high.

Respect.

micar

redcatstar wrote: »

Wow, lot of angry people on here, I was asking for advice not abuse

Maybe you should consider suing us as well.

corsav6

redcatstar wrote: »

Wow, lot of angry people on here, I was asking for advice not abuse, if you read my post again, you will see I said I was lost and angry, no apology from school or follow up plus scooter was not were it should have been and it was set play with the carers not running around mad. I just wanted to see what people thought and advice not abuse
I was hoping for ,yes it was an accident and some understanding

Wrong place to ask, once 1 poster starts calling you out they all crawl out of the woodwork.

But in fairness this was a complete accident and not caused by negligence. There is absolutely no reason to sue the school. I'd be annoyed by the lack of communication from the school but since we have a claim culture their probably been advised not to say too much I'm case they get sued.

Your main concern should be the welfare of your little 1 and nothing more.

A2LUE42

Happened with our son before in crèche when he was 2. He was hugging his best friend and they fell over. The other child's parents were distraught. Our son had a cast for a while, but no issues. We thought the crèche handled it quite badly, in that they didn't really do anything to even check up on him while he was out and when dropping and collecting the owners seemed to avoid us. We didn't sue, but were quite shocked by the number of people who asked if we were going to, before asking how the child was. If we thought it was caused through negligence, it may have been different, but it could have happened anywhere.

athlone573

OP

Sorry for your child's pain and suffering and the inconvenience to yourself

There is a streamlined claims process set up to avoid many of these cases going to court

Its called the Personal Injuries Assessment Board or PIAB for short.
I would hazard a guess that if you fill out the form, the playschool's Insurer will end up paying the claim and it will be accepted as a normal part of doing business in this country.

redcatstar

athlone573 wrote: »

Reading the replies here you would think there was never a reasonable personal injury case taken by anyone anywhere.

Playschools shouldn't be leaving scooters lying around for kids to trip over.
A solicitor can advise you whether you have a case to bring. Ask her about what happens if you lose and if you might have to pay costs like the golfer in sligo.

The arm may grow back stronger and, being harsh, it may be a lesson to her to watch where she's going in future.

Thank you for genuinely listening its appreciated

Sleeper12

I think a lot of the comments are harsh and posted to get the thanks box ticked. OP said that they didn't know if suing was the right thing to do. OP came on for advice and not judgement.

OP I also don't think it's a suing matter. I'm sure your child has tripped over things in your own home or family's home. If you don't think you would sue your own family for the same thing then I think you know it's not the right thing to do here.

Hopefully your child gets lots of colourful signatures on her cast and makes a speedy recovery

Caranica

The scooter was in the wrong place? Chances are a child put it there, you have nothing to prove it was the playschool.

If you're going to do anything, move your child to another playschool. The fact that you haven't mentioned that, yet are asking about legal action does you no favours OP.

ineedeuro

redcatstar wrote: »

A bit lost my 5 yr old broke her arm in playschool, what happens here is it an accident or not , she fell over scooter, dont really know what to do , on one hand I'm angry that something was left in an area were they weren't playing with scooters and she fell is in a cast and may possibly need an op. And on the other hand I I think accidents happen,
Not much contact from playschool, do I go in and talk to manager or sue, child advised by hospital not to return to playschool for at least 3 weeks in case bone moves .I pay my taxes have never sued or felt like sueing but I'm really at a loss here
Advice welcome

The reason why kids will have no where to play on a few years is because of people like you
In the future your kids will be over weight and die young but don’t worry about that because you got a couple of grand for an accident

It’s a disgrace the automatic decision in people mind is not “oh I hope my kid is ok” it’s “ how much can I get from this”

The insurance jndustry is locking down, they are stopping some of these case. I expect you will sue, personally I hope you lose and have to pay legal fees for both sides. 30-40k out of pocket might stop these cases

callaway92

redcatstar wrote: »

Wow, lot of angry people on here, I was asking for advice not abuse, if you read my post again, you will see I said I was lost and angry, no apology from school or follow up plus scooter was not were it should have been and it was set play with the carers not running around mad. I just wanted to see what people thought and advice not abuse
I was hoping for ,yes it was an accident and some understanding

What do you think suing the school would do for your child? That’s what you’d be doing - Suing for them.

What is the end goal of your question other than gaining money for your personal use which would have no benefit to the child anyway since the medical costs would be covered by insurance.

redcatstar

redcatstar wrote: »

Thank you for genuinely listening its appreciated

Translation: thank you for telling me what I wanted to hear.

A2LUE42

A2LUE42 wrote: »

Happened with our son before in crèche when he was 2. He was hugging his best friend and they fell over. The other child's parents were distraught. Our son had a cast for a while, but no issues. We thought the crèche handled it quite badly, in that they didn't really do anything to even check up on him while he was out and when dropping and collecting the owners seemed to avoid us. We didn't sue, but were quite shocked by the number of people who asked if we were going to, before asking how the child was. If we thought it was caused through negligence, it may have been different, but it could have happened anywhere.

I think creches are so convinced people will sue that they handle these things quite badly at times, very avoidant and standoffish (even uncaring), not wanting to implicate themselves or end up admitting liability and have that result in a law suit. Glad the small fella is ok.

Coopaloop

My 5 year old just last week tripped (on an entirely flat floor) in playschool last week, he went head first into a desk and split his head open.
The poor playschool teacher rang me in almost tears. I arrived, and she was white as a ghost (head wounds bleed a lot). My son had to have his head glued and we kept him the rest of the week at home.
Hes fine, he'll have a scar (in his hair), but hes grand. It never even entered my head to sue, because hes 5 and clumsy and falls alot. The playschool have been in touch and have said they will cover costs ( which is €100 a&e cost).
Accidents happen all the time.

redcatstar

Sleeper12 wrote: »

I think a lot of the comments are harsh and posted to get the thanks box ticked. OP said that they didn't know if suing was the right thing to do. OP came on for advice and not judgement.

OP I also don't think it's a suing matter. I'm sure your child has tripped over things in your own home or family's home. If you don't think you would sue your own family for the same thing then I think you know it's not the right thing to do here.

Hopefully your child gets lots of colourful signatures on her cast and makes a speedy recovery

Thank you so much for that reply, it was advice I was after and seriously wanted to hear accident, my child isnt sleeping and its upsetting, if I came across wrong I apologise, but the abuse from some people is unjust

athlone573

[Deleted User] wrote: »

I think creches are so convinced people will sue that they handle these things quite badly at times, very avoidant and standoffish (even uncaring), not wanting to implicate themselves or end up admitting liability and have that result in a law suit. Glad the small fella is ok.

Yes this. When one of the lads in the warehouse was injured by boxes falling off a high pallet, the boss would barely talk to them and wouldn't pay their medical bills in case it would be seen as an admission of liability.
Even in our public health system there are charges for A&E etc which can quickly add up.

whelan2

whelan2 wrote: »

There should be school insurance in place to cover the medical costs. No way would I sue.

Reimbursement for any costs associated with the broken arm is fair. But a juicy payout to buy a new car or something is often on the mind of the claimant in these cases unfortunately.