Broken arm in school ,age 5 yrs do you sue

Dav010

Isn't the question whether the crèche was negligent, rather than whether the op should sue? Accidents do happen, but a relatively large object like a scooter shouldn’t be left lying on the floor, and the duty of care for a 5 yr old might be a little higher than for an adult, so saying the child wasn’t paying attention is bit weird.

Personally, I wouldn’t sue, accidents happen, but at the same time, the invective aimed at the op is nauseating, we are not talking about an eejit adult who fell off a swing while holding a bottle of beer, it’s a 5 yr old kid with a broken arm.

Topdolla

Wow I would sue just to piss everyone off on this thread wtf, as far as I'm aware they won't get a new car or holiday as the settlement can't be touched until the child is 18, so could be a nice little lump sum for your child when they grow up.

If it wasn't the child scooter, a teacher or assistant should be carrying out risk assessments at all time, the scooter should not of been there for the child to trip over, I've only ever seen parents carry the scooter home when they drop the child off, shouldn't of even been on the school grounds.

Damien360

Dav010 wrote: »

Isn't the question whether the crèche was negligent, rather than whether the op should sue? Accidents do happen, but a relatively large object like a scooter shouldn’t be left lying on the floor, and the duty of care for a 5 yr old might be a little higher than for an adult, so saying the child wasn’t paying attention is bit weird.

Personally, I wouldn’t sue, accidents happen, but at the same time, the invective aimed at the op is nauseating, we are not talking about an eejit adult who fell off a swing while holding a bottle of beer, it’s a 5 yr old kid with a broken arm.

Ridiculous. Many moons ago as a kid, I fell out of a tree and tore open a section in front of my elbow. Should the tree have been removed? Should I have supervised ? I would make sure you couldn’t find me the next time I was out. Kids will be kids and have accidents. Part of life. By the way, when I went back home, my mam used the wooden spoon on me to teach me not to climb trees. Didn’t work ! And I’m still here.

External Association

redcatstar wrote: »

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

Maria Bailey is on boards.

Dav010

Damien360 wrote: »

Ridiculous. Many moons ago as a kid, I fell out of a tree and tore open a section in front of my elbow. Should the tree have been removed? Should I have supervised ? I would make sure you couldn’t find me the next time I was out. Kids will be kids and have accidents. Part of life. By the way, when I went back home, my mam used the wooden spoon on me to teach me not to climb trees. Didn’t work ! And I’m still here.

Were your parents paying a professional to make the tree safe you use, and monitor while you were using it to protect you from harm?

bubblypop

bubblypop wrote: »

Of course you were......

The goading is unnecessary.


My initial concern would be a bone break from such a minor tumble. Any underlying conditions?


As has been mentioned above, there is a compo culture. 'Shur, no harm, free money, insurance company pays, silly awards from the judiciary'. The creche is only too aware of the implications of a bone break on their property and are obliged to inform their insurance company of any potential liability. As part of this process the insurance company will advise not to apologise or admit liability. This makes it hard for the business owner to communicate.


'How's little Mary?'
'She has a broken bone, needs a cast and has to stay at home for three weeks.'
How do you respond without admitting responsibility and not sounding callous.'
'Sorry to hear that. Looking forward to seeing her in three weeks.' Still sounds callous, and invites a further discussion on the accident that they won't want to talk about as advised.



Technically there's a lawsuit. Morally it's dubious, imo.

External Association

https://touch.boards.ie/thread/2058142835/1/#post115671018

Your 5 year old!!!

Sam Quentin

You mean they let the children ride around on scooters..but yet they're not prepared or able to take the 'hit' from a small costs insurance claim!?
I'm surprised the crèche has scooters on their premises at-all.

I was driving by the national school in my hometown a few years ago, and the flagpole were totally covered up with foam material and tied up. So I asked my friend, who had kids in school. It was to stop kids running into them injuring themselves.
Lol.

Dav010

Sam Quentin wrote: »

You mean they let the children ride around on scooters..but yet they're not prepared or able to take the 'hit' from a small costs insurance claim!?
I'm surprised the crèche has scooters on their premises at-all.

I’m guessing these are not the motorised variety, more likely the simple/toy type you can buy for small kids. Our kids had them when they were that age.

External Association wrote: »

https://touch.boards.ie/thread/2058142835/1/#post115671018

Your 5 year old!!!

Note, the op never said she was her daughter.

External Association

External Association wrote: »

https://touch.boards.ie/thread/2058142835/1/#post115671018

Your 5 year old!!!

LOL

Deleted User

Deleted User wrote: »

LOL

Ffs

Op, why? Why would you bother?

Lol.

I pity anyone that feels the need to wind people up with concocted stories just to have interaction with humans.

Swaine

redcatstar wrote: »

No need for that , I was asking for advice, I Never said I would sue, I said advice pls not abuse

Abuse? You must lead a very precious life.

Agree with OP = "Thanks, great help, appreciate it".

Disagree with OP = "abuse".

Unbelievable.

micar

External Association wrote: »

https://touch.boards.ie/thread/2058142835/1/#post115671018

Your 5 year old!!!

Just scanned the rest of her posts.

I suspect the child in question is a grandchild.

Everything that has been said has come from her daughter.

What else has been 1) embellished or 2) left out.

Masala

Main lesson to be learnt on this issue....
.....
....
....
THINK before u post on Boards.ie. There is nowhere to hide once in here!

Dav010

Dav010 wrote: »

Note, the op never said she was her daughter.

"My five year old" certainly is a good clue.

micar

redcatstar wrote: »

.... my 5 yr old....

Dav010 wrote: »

Note, the op never said she was her daughter.

Oh yes she did

Dav010

[Deleted User] wrote: »

Ffs

Op, why? Why would you bother?

Lol.

I pity anyone that feels the need to wind people up with concocted stories just to have interaction with humans.

micar wrote: »

Oh yes she did

Imagine how stupid you would feel if the op is the child’s grandmother, guardian, foster parent etc and some knob makes fun of her because he/she thinks she is too old to be the 5 yr olds mother, so must be making the whole thing up.

Dav010

Dav010 wrote: »

Imagine how stupid you would feel if the op is the child’s grandmother, guardian, foster parent and some knob makes fun of her because he/she thinks she is too old to be the 5 yr olds mother, so must be making the whole thing up.

I wouldn't feel stupid at all.

The evidence is certainly pointing at a made up story and if it turns out to be true, I will be perfectly happy to retract my statement, but safe in the knowledge that the error was made due to inconsistencies in her posts and not through malice.

We like to think it's a made up story to troll us because the idea of someone like OP actually existing destroys our faith in humanity.

Vestiapx

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

Ask the Manager to make sure you get covered for the medical expenses and that if possible the arm is looked at by private specialist. Once you have a prognosis and you see that the child will be ok then that that in my opinion. If the child has a long term issue then you might need to take advice but hopefully it will all be a piece of the child's history.

clevtrev

if the general population had a similar attitude to the members on boards i don't think we would have a claims culture in this country.

The level of claims in the business I am involved in has only got worse since Covid. There has been an unprecedented number of small trips and falls over the last year and almost without exception, we receive a solicitors letter within days of the incident looking for the company to admit liability. We spend large amounts of money on training, implementing safe work practices, installing safety devices etc. but this cannot prevent people from falling or tripping 100%.

We have paid medical bills, and sick pay while staff are out after their accidents but it makes no difference. The costs involved in challenging these claims are enormous so claims olften end up bartering with the employee's solicitor to settle after a year or two. Claimants rarely if ever end up in court and almost never have any legal expenses to pay when they lose a case in court. The levels of responsibility that an employee needs to display are set at a very very low bar by the courts and probably at a level similar to the ops 5 year old.

External Association

Dav010 wrote: »

I’m guessing these are not the motorised variety, more likely the simple/toy type you can buy for small kids. Our kids had them when they were that age.



Note, the op never said she was her daughter.

My 5 year old, when you refer to a child as mine what does that suggest?

External Association

Dav010 wrote: »

Imagine how stupid you would feel if the op is the child’s grandmother, guardian, foster parent etc and some knob makes fun of her because he/she thinks she is too old to be the 5 yr olds mother, so must be making the whole thing up.

'some knob'

Keep it classy.

I understand you're angry and upset that this happened - when my daughter was 10 she broke an ankle in PE (at 10am in the morning) and was left to struggle through the rest of the school day with her teacher telling her it was "just a sprain".

To cut a long story short, I could have sued them to the hilt, but I didn't. Maybe I should have, but I am a firm believer that these things do happen and I would have had no luck for it. I asked myself, if this had happened to my daughter playing in a friend's house, or a minder's house, would i have sued? NO. So why sue because it happened in school?
Kids do just drop toys wherever they go, its not anyone's fault. Its just an accident.

I don't understand keeping her out of playschool for 3 weeks either, children's bones are soft and heal well, but hey ho. My daughter was back in school two days later, in a cast on crutches.

Dav010

Dav010 wrote: »

Imagine how stupid you would feel if the op is the child’s grandmother, guardian, foster parent etc and some knob makes fun of her because he/she thinks she is too old to be the 5 yr olds mother, so must be making the whole thing up.

It's unlikely that a grandparent would be suing. She could be the legal guardian (ala Bruce Wayne type scenario), but the OP gave enough 'colour' and would surely have mentioned.

Dav010

External Association wrote: »

'some knob'

Keep it classy.

You think this is a classy thread?

I’ll leave it to the op to clarify the child’s relationship to her, but I would not discount the possibility that there is a reason why the op is looking after a 5 yr old, and I certainly would not be calling her a liar as a result of her age. Knobs seems apt, wouldn’t you say?

_Brian

Genuine question, if your kid fell at home in your back yard and broke their arm would you contact your solicitor to see if you could make a claim.

Kids fall and sometimes hurt themselves, maybe the kid was running about like a loonatic and learned a valuable lesson.

Dav010

[Deleted User] wrote: »

It's unlikely that a grandparent would be suing. She could be the legal guardian (ala Bruce Wayne type scenario), but the OP gave enough 'colour' and would surely have mentioned.

It wouldn’t be the grandparent suing.

Dav010

_Brian wrote: »

Genuine question, if your kid fell at home in your back yard and broke their arm would you contact your solicitor to see if you could make a claim.

Kids fall and sometimes hurt themselves, maybe the kid was running about like a loonatic and learned a valuable lesson.

The kid wasn’t at home in her back yard though, was this not clear in the op?