She is obviously quite upset by the whole situation, as are her parents but I feel it would be worthwhil to persue this so that in later years she can use the compensation for a deposit for a house or car or something?
2007-05-17 00:06:48 · 20 answers · asked by anon1985 2 in Politics & Government ➔ Law & Ethics
Sorry I should have given more information, the padding was damaged and the metal bar was showing through however the plastic balls covered it adn when she went down the slide and straight into the metal bar hidden in the ballpool. Of course she was being watched but when the balls covered the exposed bar we didnt know that the metal was exposed.
2007-05-17 00:22:08 · update #1
yes you can, if it was unfit you have a case, i would go back and get photos before it gets repaired, also go and seek legal advice, if you live in the UK your first 30 minute are free, also go to your local citizens advice office, they are great, hope it all works out for you, all the best
2007-05-17 01:51:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Hi Anon,
I am sorry to hear about your niece, I hope she recovers soon.
You need to find out who owns the ball park. You then have to show that the accident was caused by their negligence. Eg failure to maintain the area to the required safety standards that caused the accident or significantly contributed to the cause.
In law, if someone trips over it does automatically follow that someone else is liable even if the person hurt is a child.
You have to show that there was some act or omission that caused the accident and that the accident was reasonably forseeable. In this instance I think that you may have a case.
Talk to a solicitor.
Good luck.
2007-05-17 07:25:31 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
She definitely has a case, but as far as how much she'll get, probably only compensation for unpaid medical bills. They have pretty much done away with loads of money on suits like that because too many people were getting away with it....and personally I don't think that they should get loads of extra cash for an injury where the person will heal fine.
She was injured by negligence of whoever owns to park, but don't sue to cover the down payment of a house later in life, sue to recover unpaid bills.
2007-05-17 07:25:30 · answer #3 · answered by FaerieWhings 7 · 0⤊ 0⤋
She could, but remember it's precisely that sort of crap that's ruining this country.
My old school no longer does most of it's outdoor education. We used to go climbing, kayaking, cycling etc. Oh, not anymore. Because one little cherub fell off his bike and broke his arm a couple of years ago and his greedy b*stard parents saw big pound signs. A couple of thousand, as it happened.
The school now can't afford the insurance required so the whole outdoor ed section's been binned. All over the country the same sort of thing is happening.
Something for you to remember. Kids fall over and break bits all the time. I had a broken collar bone, broken ankle and a broken wrist by the time I was fifteen. All before the time of ambulance chasing lawyers. And my parents aren't dirty greedy b*stards anyway.
And pardon my immense cynicism, but do you honestly believe that she'd see anything more than a few toys out of any compensation? Back to the real world for you, my fella.
2007-05-17 07:21:07 · answer #4 · answered by Beastie 7 · 3⤊ 0⤋
Write to the Owners of the Ball Park and ask for the incident to be investigated. Ask for written justification of what happened. That would be the beginning of a case against them. They should have public liability insurance. If you think that something could be changed to prevent the same thing happening again then you have a chance. Send any communication recorded delivery, keep a copy of the letter and proof of postage.
2007-05-17 07:20:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Anyone can put in a claim for compensation for any imaginable event which has resulted in damage or loss.
The big problem is that you actually have to prove negligence against the other party.
If you feel that you have a strong enough case then I would suggest that you seek proper legal advice, then take it from there.
2007-05-17 07:54:08 · answer #6 · answered by Pit Bull 5 · 0⤊ 0⤋
Was this the fault of someone else or just an accident ? Children have accidents all the time we can't look to sue someone everytime..Perhaps you could encourage her in education so that she has a good chance of a well paid career,then she'll have the money for a deposit for a house !!!
2007-05-17 07:14:52 · answer #7 · answered by trish b 7 · 5⤊ 0⤋
Kids get hurt all the time. There was no intent to injure .It was an accident. Let it go.You've already indicated your preference to us what action she she should take, down payment of house , car, worthwhile windfall.
Everytime some one sues , one more bit of entertainment 'disapears' from the scene. Merrygo rounds, maypole rope swings, spring animals.
Whats the answer? .........stay in bed?
2007-05-17 08:44:54 · answer #8 · answered by reinformer 6 · 1⤊ 0⤋
Hope your niece gets well soon. But what a silly idea about compensation. Accidents happen and it shouldn't then open the doors to money for nothing. Hopefully in the future your niece will be more careful.
2007-05-17 07:14:48 · answer #9 · answered by I'm Sparticus 4 · 3⤊ 0⤋
Children play, children can be careless, children get hurt. Public places, such as a park, generally expect you to use them at your own risk.
Don't even think about suing unless it was something blatanly negligent on the part of the park.
People like yourself are what make insurance rates so high.
2007-05-17 07:21:22 · answer #10 · answered by Patricia S 6 · 2⤊ 0⤋
You have not stated anything that indicates that she was injured as the result of any breach of duty of the owner of the ball park. Were they neglgent in some way? Or was she injured because her parents failed to properly supervise her?
You seem to be looking at the fact that somebody was injured as the equivalent to winning the lottery. It isn't supposed to work that way.
2007-05-17 07:15:16 · answer #11 · answered by Mark 7 · 3⤊ 0⤋