Suing for injury - any recommendations?

The_Duke

LE
Moderator
Not that cut and dried. There has to be negligence - case law in the USA cites such examples as overcrowding, failing to clear obstacles from the rink area, failing to maintain the structure, failure to control reckless users. I have had a quick check and haven’t seen anything yet that suggests failing to ensure helmets and pads would count as negligence.

What does their website say about wearing equipment? I checked the ones near me, and they vary from being silent, through you might like to wear them on to we provide. The only ones with mandatory wear are for more extreme skating lessons, not a kids party.

“assumption of risk” is the defence for all the typical slip and trip claims. In the absence of negligence which is a direct contributory factor to the injuries, there is no liability. Not a head injury, so the helmet is irrelevant. Not a knee injury, so ditto knee pads. If the rink makes a reasonable case that an elbow pad would not prevent the fracture, then the lack of PPE is de-linked from the injury.

Give it a shot, but my experience is that you will have the odds against you.
 

Caecilius

LE
Kit Reviewer
You say it yourself - a foreseeable event, which is why it should be there in the risk assessment with mandatory PPE as the control measure. They would be shot down straight away by admitting the incident was foreseeable and did nothing to mitigate against it.


Maybe it's just me but....

How would a helmet have prevented the injury that actually occurred, which is a broken arm?

You potentially have a fair point when you argue that they should be providing PPE for the kids to help prevent injury. I think you start to have less of a point (and look rather like you're money-grabbing) when you say you intend to sue for an injury that's totally unrelated to the lack of PPE.
 

MrBane

LE
Moderator
Kit Reviewer
Reviews Editor
Maybe it's just me but....

How would a helmet have prevented the injury that actually occurred, which is a broken arm?

You potentially have a fair point when you argue that they should be providing PPE for the kids to help prevent injury. I think you start to have less of a point (and look rather like you're money-grabbing) when you say you intend to sue for an injury that's totally unrelated to the lack of PPE.

Ah, no, sorry, in this instance it could either have been the wrist guard or the elbow pad which might have prevented significant injury. From the x-rays, it was highlighted to us that the bones have a bend in them and have bent to breaking point, so the impact point (which I'm not clear on yet) would've been either the elbow or hand down / wrist area.

That's where my element of claiming comes in - PPE should have been provided to prevent injury, it wasn't and in this instance it may have been a factor in the injury (which I'm not able to quantify). We've got a visit on Friday at the hospital though with a specialist where we'll get more info.
 
No PPE would have prevented what is a very common injury (Greenstick Fx)
You want to assign blame? It’s YOUR fault for putting her in that situation. You should never have let her go to the party.

Your parenting skills are crap.
 

MrBane

LE
Moderator
Kit Reviewer
Reviews Editor
No PPE would have prevented what is a very common injury (Greenstick Fx)
You want to assign blame? It’s YOUR fault for putting her in that situation. You should never have let her go to the party.

Your parenting skills are crap.

I shall go and duly chastise myself, whilst wearing appropriate PPE. Have you got a receipt for that oxygen you've stolen?

P.S - Even the RM have PPE that protects against that.

RM matt.jpg
 

OneTenner

LE
Book Reviewer
How do you get a receipt for something you've stolen?
And given the exploits you've posted on here (imagined or not), criticising others for PPE or safety related infringements is a bit rich. Getting the NHS to do your dirty work for you seems a bit ambulance-chaser 'ish too.
 
I can't help thinking if this was in a newspaper article we'd all be laughing at the person talking about suing and their sad compo face.

I understand why you're annoyed but it happens. I've just remembered bringing a kid back from a trip abroad with a fractured arm and wondering what the parents were going to say. Fortunately they understood his diving headfirst down a steep hill wasn't something we could have prevented.
 
This is why I put this in the NAAFI. :D

Couple of points to clarify:

1. The main driver here is the fact they're neglecting their duty of care by failing to provide adequate PPE, which would be expected of any paid organisation engaging in this sort of activity.
And you made a risk laden decision to buy into it, without appearing to provide basic protection for your own daughter. That's as stupid as buying her a bike without head, elbow and leg protectors and letting her loose on pavements.

Our lad was in TKD as were a lot of girls from age 6 to 16 and became one of Scotland's youngest International multi Gold Medalist black belts but not after a few broken bones, countless bruises and a broken nose that was tweaked into place at A&E.

We'd take him home, patch him up like they all do, and off he'd trot to training without a word from us.
Kids get knocks so FFS sakes avoid teaching her to become another whingeing Entitled One...in fact get her into martial arts.

This is actually as much your fault as anyone else so FFS set her an example, man the F up and move on.
 
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Ah, no, sorry, in this instance it could either have been the wrist guard or the elbow pad which might have prevented significant injury. From the x-rays, it was highlighted to us that the bones have a bend in them and have bent to breaking point, so the impact point (which I'm not clear on yet) would've been either the elbow or hand down / wrist area.

That's where my element of claiming comes in - PPE should have been provided to prevent injury, it wasn't and in this instance it may have been a factor in the injury (which I'm not able to quantify). We've got a visit on Friday at the hospital though with a specialist where we'll get more info.

Did you inquire about PPE before leaving your daughter to undertake an inherently dangerous activity? How many children were there for one staff member and one parent to supervise?
 
Span of Control/Supervision is 1:5. Looks like you violated that rule. Why aren’t you suing the Parent In Charge?
 

OneTenner

LE
Book Reviewer
I can't help thinking if this was in a newspaper article we'd all be laughing at the person talking about suing and their sad compo face.

...
I've no doubt some are
 
Not that cut and dried. There has to be negligence - case law in the USA cites such examples as overcrowding, failing to clear obstacles from the rink area, failing to maintain the structure, failure to control reckless users. I have had a quick check and haven’t seen anything yet that suggests failing to ensure helmets and pads would count as negligence.

What does their website say about wearing equipment? I checked the ones near me, and they vary from being silent, through you might like to wear them on to we provide. The only ones with mandatory wear are for more extreme skating lessons, not a kids party.

“assumption of risk” is the defence for all the typical slip and trip claims. In the absence of negligence which is a direct contributory factor to the injuries, there is no liability. Not a head injury, so the helmet is irrelevant. Not a knee injury, so ditto knee pads. If the rink makes a reasonable case that an elbow pad would not prevent the fracture, then the lack of PPE is de-linked from the injury.

Give it a shot, but my experience is that you will have the odds against you.
Just so. We've taken the grandsons to several indoor play places where there are various things they could fall off. Yes, there's lots of padding on the floor and wrapped around things, but nothing to prevent a fall. None of them have any sort of PPE on offer. These are "The rules" for one such place:


Note the lack of mention of any PPE. A bit different as you're required to supervise your own kid but still...
 
Regardless of you instructing messrs Stick,Cuff & Binn,em. I hope Mrs B Jnr makes a full recovery. The loss of holiday may just save you all from getting caught in an avalanche, the way your luck runs !
 

MrBane

LE
Moderator
Kit Reviewer
Reviews Editor
Lots of different opinions here which is expected. Some ******* nonsense too, also expected. :D

At the end of the day, I'm a dad who's angry about his daughter being badly hurt in a potentially avoidable situation had she been wearing the right gear.

Having had a night to sleep on it, we're contacting the insurers (RBS) reference the holiday cancellation.

If that comes through, then I won't be taking any further action. If it doesn't, then I'll be offering them some free electrical repairs to show no bad feeling........
 
Lots of different opinions here which is expected. Some ******* nonsense too, also expected. :D

At the end of the day, I'm a dad who's angry about his daughter being badly hurt in a potentially avoidable situation had she been wearing the right gear.

Having had a night to sleep on it, we're contacting the insurers (RBS) reference the holiday cancellation.

If that comes through, then I won't be taking any further action. If it doesn't, then I'll be offering them some free electrical repairs to show no bad feeling........

Totally understand why you would be pissed off and it seems like you have cooled off to make the right decision, well done
 

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