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Justified settlement ?
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I have just come across this news story and if anyone thought this was in anyway a justified claim ?
I am completely against this current suing culture so maybe I am one sided on this but from what I can gather from the story this was an accident - children fall all the time. She did not fall due to the water service cover she fell as kids do and just happened that she fell in a bad place. Also I am a little bit annoyed at the Dad having a go at the hotel as they didn't ask how his precious child was - I accept your child is important to you but why should the hotel staff.
Am I just being too cold hearted ?!
http://news.bbc.co.uk/1/hi/scotland/tayside_and_central/8177921.stm
Quote "The court writ stated: "As Sheonaidh was walking she tripped, lost her footing and fell onto a protruding metal water service cover located on the grass. There was nothing to warn persons it was protruding from the grass.
"As a result of falling, Sheonaidh suffered loss, injury and damage."
Striking red hair
As a result of the fall, the three-year-old, who was described as "distressed, crying and in pain" and "bleeding profusely", was taken to casualty at Crieff Hospital.
There her wound was cleaned and paper stitches were applied.
Medical evidence submitted to the court said the child would be left scarred as a result of her accident, and that scarring would take longer to fade because of her striking red hair.
Mr Nisbet, from Kennoway in Fife, said: "We did what we felt was right and fair for our daughter. We have spent many happy times at Crieff Hydro and were saddened by their lack of concern following her injury.
"They never once enquired as to her well being. Our child is precious to us and should not be subjected to pain and injury from organisational neglect.
I am completely against this current suing culture so maybe I am one sided on this but from what I can gather from the story this was an accident - children fall all the time. She did not fall due to the water service cover she fell as kids do and just happened that she fell in a bad place. Also I am a little bit annoyed at the Dad having a go at the hotel as they didn't ask how his precious child was - I accept your child is important to you but why should the hotel staff.
Am I just being too cold hearted ?!
http://news.bbc.co.uk/1/hi/scotland/tayside_and_central/8177921.stm
Quote "The court writ stated: "As Sheonaidh was walking she tripped, lost her footing and fell onto a protruding metal water service cover located on the grass. There was nothing to warn persons it was protruding from the grass.
"As a result of falling, Sheonaidh suffered loss, injury and damage."
Striking red hair
As a result of the fall, the three-year-old, who was described as "distressed, crying and in pain" and "bleeding profusely", was taken to casualty at Crieff Hospital.
There her wound was cleaned and paper stitches were applied.
Medical evidence submitted to the court said the child would be left scarred as a result of her accident, and that scarring would take longer to fade because of her striking red hair.
Mr Nisbet, from Kennoway in Fife, said: "We did what we felt was right and fair for our daughter. We have spent many happy times at Crieff Hydro and were saddened by their lack of concern following her injury.
"They never once enquired as to her well being. Our child is precious to us and should not be subjected to pain and injury from organisational neglect.
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Comments
Why do we now have such a blame culture, imported from the states I suppose.
The courts should stop handing out money for "accidents".
It's the warnings that are placed on items to avoid blame that amaze me.
Freezer instructions in plastic bag. "This bag is not a toy" WTF does that mean.
I don't think it's imported from the States particularly.
I think society as a whole seems to more bothered about its rights than its responsibilities.
Increased litigation is just one side-effect.
Didn't you read the post. She fell "onto" it not "tripped" by it.
Would you sue the council if you tripped on a kerb and hit your head on a garden wall/fence. Or sue the householder for having a wall/fence that could be dangerous.
The blame culture is getting to be a joke.
But these things are just accidents. Who is to blame?.
That is what I was thinking - if she fell because of it I can see why they would claim (although I still wouldn't agree with it)but it was not because of this that she did fall.
No one is to blame.
the kid might grow up feeling self concious about the scar and want surgery, least now they have the money stashed aside to pay for it
A lot of people sue councils for falling over on pavements, quite possibly for tripping up on a curb.
I hate the 'blame' culture too. Accidents happen. I nearly died giving birth as I was nicked on an artery during a forceps delivery and haemorraghed, but I won't be suing the doctor/hospital because A) accidents happen even when procedures are followed correctly
I didn't say she did trip over it
The fact is, she fell onto something that had there been a warning of its presence they might not have walked so close to it for example.
I'm not saying what I would do, although if my little girl fell onto something like that I would'nt be too impressed.
I fell off a chair when I was little and have a scar on my lip. No one was sued and no plastic surgery has been carried out.
Oh and the hospital didn't phone social services when my mum and dad brought in a baby with a bump to her head and a cut lip.
Quote:
someone else could have come along and tripped over it
What part of "someone else" don't you get?
Nowhere in the report does it even suggest it was a tripping hazard.
Quoted from the link :
The court writ stated: "As Sheonaidh was walking she tripped, lost her footing and fell onto a protruding metal water service cover located on the grass. There was nothing to warn persons it was protruding from the grass
If something is protruding, I would guess its something that could be easily tripped over.
Nobody if it's genuinely an accident, but in this case it was caused by the negligence of the hotel (in having sharp metal stuff sticking out of the ground in an area where guests are likely to walk) - hence the compensation.
£2500 for permanent facial scarring isn't exactly a huge amount anyway.
Agreed. If it was much more than that, then I would probably think that its OTT.
I just think in this one case (and like I say, I generally get annoyed at people suing left right and centre) they had a genuine case.
So as the story is written, she must have tripped over it... or something associated with it... and fallen onto it.
As for the distress and pain - what child doesn't cry when hurt: even a grazed knee induces tears.
I think the point is though, had she not landed on the metal water cover she probably wouldnt have been as badly hurt as she was. I think that if there had been some kind of warning sign the family might have taken more care in that area or avoided it altogether.
I understand wht you mean re children crying when hurt but in this case, it did seemed like a nasty injury resulting in permanent facial scarring.
I just think, not even for with this accident, its a bit irresponsible of the owners not having a sign because, although the girl in this instance didn't trip on it, other people could have, it sounds like a bit of a hazard/accident waiting to happen. Anything randomly produding from the ground is IMO.
Something bad happened to me? So what's in it for me?
Instead of coming to terms with life's ups and downs, you see yourself as a victim. That victim status is confirmed when you get compensation.
The compensation culture may make some people a little bit of money, but I'm far from sure it will do them good in the long run.
Although I agree with the settlement in this case, I agree with you. Its because every other ad on the telly is one of those lawsuit claim ones, a la "Had an accident that wasn't your fault"?
Had there been a sign or even a fence around such protrusion and the girl tripped she could have smacked her face into said fence.
What would have happened if she tripped and hit the warning notice.
If she tripped and just hit the ground, cut her chin, would the hotel still be liable for having hard grass.
Just the current claim culture, someone has to be at fault.
The parents of course are blameless.