Broken arm in school ,age 5 yrs do you sue

keeponrockin

Advice welcome

Get off of here and go take a long hard look in the Mirror.

External Association

External Association wrote: »

...backed up by an other, totally 'separate' poster.

The other poster is just a failed wannabe legal eagle in an Ally McBeal type court room. 'Objection your Honour!'

Iscreamkone

[Deleted User] wrote: »

Person bangs knee on dining table in restaurant wins thousands in compo claim, and such other near death experiences are far too common.

What would be YOUR threshold for making a claim?

Iscreamkone

Iscreamkone wrote: »

What would be YOUR threshold for making a claim?

In-between banging my knee in a restaurant and sub decapitation.

External Association

Dav010 wrote: »

Absolute rubbish, the child has a broken arm. If the impediment should not have been left lying on the floor by the supervisor, they have every right to sue. If Dunnes left a crate on the floor of an aisle and you tripped on it, you would be equally entitled to seek redress.

You mustn't have children. If they are in a room with a bare floor and four walls they'll run into a wall.

I presume you'd Sue a facility because the paint on the said wall wasn't the appropriate shade.

It's a mentality you and the OP have.

Moonbeam

I would expect the school to cover out of pocket medical expenses but I would not sue them,Accidents happen.

Dav010

Sheep Shagger wrote: »

No, you are talking BS...it's an accident. This compo culture is why insurance premiums are so high..if I walked into a crate in Dunnes that's my own fault for not looking where I'm going.

Two words for something that doesn't exist anymore....personal responsibility, even for a kid.

An avoidable accident. Few injuries suffered are malicious.

A lot of posters focusing on the op’s relationship to the child, and ignoring the facts that a child suffered an injury in a commercial premises whilst being supervised, due to an impediment being left on the floor where a child could trip. If this was a workplace and you broke your arm, would you say “silly me, I shouldn’t have tripped over that box left their by my employer”?

Dav010

External Association wrote: »

You mustn't have children. If they are in a room with a bare floor and four walls they'll run into a wall.

I presume you'd Sue a facility because the paint on the said wall wasn't the appropriate shade.

It's a mentality you and the OP have.

You don’t see the difference between a wall and something left lying on the floor?

External Association

External Association wrote: »

Rubbish. The person is a definite age from several threads. This is made up nonsense by a poster and backed up by an other, totally 'separate' poster.

Again I ask, so what? The OP came on and asked for guidance on what should happen in a certain situation.

Their own age has not a single iota of relevance to what happened, so why derail the thread by making it about the OPs age?

This is a the Legal Discussion forum, not a court room. No need for the cross-examination.

Honestly. let it go.

_Kaiser_

Interesting thread...

- OP posts looking for either validation that they should sue, or help reaching an internal decision about something that should be a fundamental basic of parenting: stuff happens with kids. Part of them growing up.
- Doesn't like the feedback to their post and complains about it with inferences of bullying
- Others come on with the usual criticism that there wasn't a group hug in response to the OP - fecking Boardsies!

OP: Your child had an accident. That's all. Your complaint about stuff not being tidied away should be applied to your own home. Do you run around constantly picking up after your kids when they get bored and drop something where it lands? Personally I think having a child live in a sterile sanitised environment like that (in the 80s it was people leaving the plastic on furniture) is not a good thing and highlights a lack of trust as well as an absence of encouraging personal responsibility in the child.

I'd also suggest maybe taking a harder look at your own values as someone else suggested too. You're a grown adult not an agentless victim and in the big wide world not everyone will agree with or validate you, and that's OK too. That's a lesson worth passing on as well.

External Association

Dav010 wrote: »

You don’t see the difference between a wall and something left lying on the floor?

Are you for real? Children and toys, you can't keep everything tidy all the time in a children's facility. It was an example of how, even with nothing on the floor, children will have accidents.

In 10 years time the child of redstart, or you, will grow up knowing 'mammy' got €40,000 the time I tripped and fell. This is your legacy to the next generation. How much was actually spent on medical bills? Maybe a few 100 euros. All you would be is parasites, leechers, dishonest, citizens who see a child's fall as a money grabbing opportunity.

If either of you two posters ever complain about dishonesty or corruption in any area of society, political etc, you should be reminded that you wanted to steal thousands from ordinary Irish people when you got the slightest chance. Spongers.

Dav010

External Association wrote: »

Are you for real? Children and toys, you can't keep everything tidy all the time in a children's facility. It was an example of how, even with nothing on the floor, children will have accidents.

In 10 years time the child of redstart, or you, will grow up knowing 'mammy' got €40,000 the time I tripped and fell. This is your legacy to the next generation. How much was actually spent on medical bills? Maybe a few 100 euros. All you would be is parasites, leechers, dishonest, citizens who see a child's fall as a money grabbing opportunity.

If either of you two posters ever complain about dishonesty or corruption in any area of society, political etc, you should be reminded that you wanted to steal thousands from ordinary Irish people when you got the slightest chance. Spongers.

That’s the crux of it, the supervisor was responsible for keeping the area tidy and not leave objects, relatively large ones when you consider we are talking about a 5 yr old, lying around for them to trip on.

The crèche has a duty of care for the children they accept into the environment.

ineedeuro

Unless the courts clamp down on this it will continue. The fact the OP mentions paying tax as if that gives her some right to sue is the most shocking part. Does she think the government is going to pay out?

It’s not, it’s someone who is running a business s and is probably already crippled with insurance costs and this will tip it over the edge. Soon kids will have no play schools or play centre to go to.

I had a friend who ran a play centre, closed it after two years because of claims. One person claimed because the child had a bruise. I kid you not

The court has done a few but it needs to do loads, get these people sticking in claim and award costs against them. But also make an example of them. Stick it all over the press, make sure every single person in the country knows who they are. At the moment people submit a claim, lose and walk out to submit another

In the OP case I see no claim, even the fact someone is asking shows how f**ked the system is. Children are children, they will fall, they will get hurt.

External Association

[Deleted User] wrote: »

Again I ask, so what? The OP came on and asked for guidance on what should happen in a certain situation.

Their own age has not a single iota of relevance to what happened, so why derail the thread by making it about the OPs age?

This is a the Legal Discussion forum, not a court room. No need for the cross-examination.

Honestly. let it go.

It has a lot to do with everything. They are being dishonest, pretending to be a mother of said child. If you can't see dishonesty is part of the opening post you've a problem. It's compounded by the made up story.

The OP won't even clarify.

Let it go, translation..I haven't the ability to counter argue.

Caranica

Dav010 wrote: »

Absolute rubbish, the child has a broken arm. If the impediment should not have been left lying on the floor by the supervisor, they have every right to sue. If Dunnes left a crate on the floor of an aisle and you tripped on it, you would be equally entitled to seek redress.

Chances are it was a child who dropped it moments before. Not deliberately left there by the playschool

External Association

Dav010 wrote: »

That’s the crux of it, the supervisor was responsible for keeping the area tidy and not leave objects, relatively large ones when you consider we are talking about a 5 yr old, lying around for them to trip on.

The crèche has a duty of care for the children they accept into the environment.

The supervisor could be tidying in one area of a room and while doing more toys are being thrown. Grow up and live in the real world.

You'd think the supervisor was Super Gran on speed. Try keeping 10-15 children's toys off a floor at once.

External Association

I'm out because there are a couple of posters trying to defend the indefensible. They know it.

shesty

If you want to add to some lawyer's wealth and likely ruin the preschool, and potentially have to find a new one for yourself, then sue away.

Or you could just accept that kids have accidents and not set a precedent of blaming everyone else when something happens to your child.She could just as easily have tripped over her feet running down a path ahead of you, or fallen off playground equipment on your watch.Don't add to the compo problem we already have in this country.

Dav010

Caranica wrote: »

Chances are it was a child who dropped it moments before. Not deliberately left there by the playschool

But the crèche supervisor is responsible for picking it up, by his/her actions or omissions, the crèche may be held responsible.

I really don’t get the abuse levelled at the op, a child suffered a broken bone while under the care of the crèche, seemingly as a result of an item being left on the floor, which should have been put away.

External Association

External Association wrote: »

The supervisor could be tidying in one area of a room and while doing more toys are being thrown. Grow up and live in the real world.

You'd think the supervisor was Super Gran on speed. Try keeping 10-15 children's toys off a floor at once.

The ratio of staff to children is already quite high, some would argue for even more so that there's a 'Discarded Toy Instant Collector."


'Yes, that's an extra €50 per month fees please. Next month we'll be hiring a 'Cotton Wool Wrapper.'

Dav010

Dav010 wrote: »

But the crèche supervisor is responsible for picking it up, by his/her actions or omissions, the crèche may be held responsible.

I really don’t get the abuse levelled at the op, a child suffered a broken bone while under the care of the crèche, seemingly as a result of an item being left on the floor, which should have been put away.

How long is a discarded toy allowed to be left unattended?

_Kaiser_

ineedeuro wrote: »

Unless the courts clamp down on this it will continue. The fact the OP mentions paying tax as if that gives her some right to sue is the most shocking part. Does she think the government is going to pay out?

It’s not, it’s someone who is running a business s and is probably already crippled with insurance costs and this will tip it over the edge. Soon kids will have no play schools or play centre to go to.

I had a friend who ran a play centre, closed it after two years because of claims. One person claimed because the child had a bruise. I kid you not

The court has done a few but it needs to do loads, get these people sticking in claim and award costs against them. But also make an example of them. Stick it all over the press, make sure every single person in the country knows who they are. At the moment people submit a claim, lose and walk out to submit another

In the OP case I see no claim, even the fact someone is asking shows how f**ked the system is. Children are children, they will fall, they will get hurt.

Slight tangent I know, but I blame the influence of 80s/90s TV.

With the arrival of Sky in Ireland we got access to US daytime talk shows where the underlying message was that negative things aren't your fault - you're disadvantaged, a victim of the system or your background etc but you ARE special and deserve good things to happen.

We had an entire generation of parents watch this and instil it in their own kids (because back them America was the pinnacle of Western society and progress - or so it seemed). Add to that the rise of social media and more of this skewed US-centric notion of values and here we are.. the same compo-culture and ambulance-chasers happy to take their cases as the US had 2/3 decades earlier.

It's wider than that though. We've built an entire society based on making victims of everyone and where no one is/should be personally responsible for their decisions or actions, and only positive outcomes are allowed.

The problem with all this of course it that it tends to run smack into the hard wall called reality where this US-led nonsense can't just be copy/pasted into other cultures, values or norms, or indeed legal systems - hence businesses going under trying to cope with it and grown adults looking for group validation/approval on pretty much any "negativity" in their lives.

It's an increasingly worrying problem as this stuff seeps into "the real world" on an almost instantaneous timescale at this point with people competing for the next "viral" tweet and their 15 minutes etc.

fun loving criminal

You're almost 60 with a 5 year old kid. I thought maybe you might be male at that age and having a young kid but some more digging into your previous posts and you're actually female. A 60 year old female with a 5 year old kid.

If it's not your child, stay out of it.

fun loving criminal

Dav010 wrote: »

That’s the crux of it, the supervisor was responsible for keeping the area tidy and not leave objects, relatively large ones when you consider we are talking about a 5 yr old, lying around for them to trip on.

The crèche has a duty of care for the children they accept into the environment.

Might as well take away all toys. They can trip on any sized toy and they can be left around anywhere.

fun loving criminal

fun loving criminal wrote: »

Might as well take away all toys. They can trip on any sized toy and they can be left around anywhere.

Good idea, and once they actually get to their seats of a morning they shouldn't stray from them, certainly not for PE (nightmare stuff) unless for a toilet break and only then not without two assistants holding each hand as they journey to the bathroom.

Dav010

fun loving criminal wrote: »

They can trip on any sized toy and they can be left around anywhere.

Exactly, that is why the supervisor is responsible for picking them up.

ineedeuro

Dav010 wrote: »

Exactly, that is why the supervisor is responsible for picking them up.

You must not have kids

fun loving criminal

[Deleted User] wrote: »

Good idea, and once they actually get to their seats of a morning they shouldn't stray from them, certainly not for PE (nightmare stuff) unless for a toilet break and only then not without two assistants holding each hand as they journey to the bathroom.

It's not just toys, no art and craft either, kids might swallow paint or eat crayons. And what about keeping distance between all kids in case one kid hits another. So much potential for suing.

BorneTobyWilde

Deleted User wrote: »

Why are insurance premiums so high in this country?

Oh yeah...

Eh NOOOOOOO!!! The insurance companies in Ireland make billions in profit, but love to use claims as an excuse for their high premiums. Did you fall for their cock and bull story.


Playschool has liability insurance, doesn't effect the playschool, so yes OP take the insurance company for all their worth.



Thats what insurance is for, so put in a claim for SURE.

BorneTobyWilde

antix80 wrote: »

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

So the OP needs to let the insurance company off the hook, and for her to foot all the bills related to this accident?