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Tulips
Beginner May 2005

Personal Injury Claim (for toddler)?

Tulips, 16 March, 2009 at 12:53 Posted on Off Topic Posts 0 15

Yesterday, my husband and I were walking towards the check-in at the Stansted Airport Departures Hall with my mum whilst I was holding our little boy of 21 months (Euan). By complete surprise, I caught my foot in an - almost invisible (same colour as floor) - entirely sealed strong plastic strap, which you usually find around big boxes for magazines/ newspapers etc that was left on the concourse. I must have stepped on it with one foot which made it stand upright, which I then caught with my other foot.....

Although I could feel myself falling, I tried to hop along in an attempt to hold my balance with all I could hoping for a miracle as I really wanted to avoid Euan getting hurt by me dropping him and falling on top of him. Somehow by changing my psoition through my attempt to correct the fall, I managed to make myself fall on the right side of my back (Euan was on my left arm) but the sheer force of the motion made me roll over to the left which then caused Euan to hit the his forehead with an almightly blow on the rock hard floor :-( As a result, a huge red/purple bump appeared on his forehead and he was inconsolible (understandably) for quite some time.

Emergency services were called out immediately and we were taken to hospital to get Euan checked over properly (waited in A&E for 3 hours and 45 mins...!). The floor manager confirmed at the time of the ambulance picking us up that WH Smith accepted responsibility for this negligence of leaving the plastic strap on the concourse and they have completed an official report which they will follow up with all employees for avoidance of future incidents.

However, we feel extremely upset about how this situation could have occurred as Euan is really suffering as a result. It does not appear that Euan's injuries are anything too serious - he did not lose consciousness, wasn't sick and didn't bleed, however we will have to keep a close vigil on him in the next couple of days. We suspect he may have had a concussion and we are concerned this could influence his future health (i.e. migraines). Also, I keep replaying the incident in my mind to make sense of what happened and why I didn't injure myself but Euan did. I really feel I failed as his mum. I should have held my hand out to protect his head but it all happened so quickly. I know that toddlers will more than likely hurt themselves on more than one occassion but Euan's head did slam the floor with a lot of force whilst falling from quite some hight.

I would like to investigate making a formal complaint by contacting a firm of solicitors. I don't think we will be able to claim any compensation for what has happened, however it feels really wrong to leave this as well although of course I realise that it was an accident - the plastic strapping wasn't left there on purpose of course and I was unfortunate enough to have stepped on it. Does anyone have any experience with a case such as this?

15 replies

Latest activity by Zebra, 17 March, 2009 at 10:37
  • NickJ
    Beginner
    NickJ ·
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    But there isnt a case at all. yes i m sure it was distressing, but compensation exists for injury etc, and a bruise wouldnt count as one in my view. by all means write to WH SMith, but why you would want to get a solicitor involved escapes me.

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  • Mrs Winkle
    Beginner May 2007
    Mrs Winkle ·
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    Though it must have been horribly distressing, the hospital have pretty much confirmed that your son is OK. Surely all you need is an apology from WH Smith?

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  • Hyacinth
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    Hyacinth ·
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    I'm really sorry to hear about your accident, It must have been terrifying. But I'm actually quite stunned you want money for falling over. People are not perfect, how can one completely eliminate the possibility of human error (i..e Smiths emplyee dropping packing material)?

    TBH, I did think this sort of thing was people trying to get in on the boom a few years ago but now we're in recession I thought it would end...

    I would write to Smiths, though, they might send you a voucher or something.

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  • KJX
    Beginner August 2005
    KJX ·
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    Why don't you write to their head office(?) and / or the manager of that store and ask them to confirm they have looked at the issue and what steps they have put in place to stop it happening again.

    Did they fill in an accident book? Would this have gone to the Health and Safety Exec? (would it be serious enough?)

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  • F
    Beginner July 2003
    Fimble ·
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    I'm glad your little boy is ok. You haven't failed him - accidents happen. You could just as likely have tripped over someone's bag, or something that a member of the public had left on the floor, or just done that stumble thing where your ankle just 'goes' (or is that just me?)

    The shop has said it will put guidance out to all staff, I don't see what more can (or needs to be) done.

    FWIW my two have had all sorts of accidents - its all part of growing up. I know the whole experience of it is awful - the screaming, A&E, the guilt, the paranoia afterwards that there is some lasting damage ready to reveal itself as soon as you're not looking, but it is all normal. My daughter put my son in hospital last year with a suspected broken neck. I am sure I am on a Bad Parents list somewhere, no one seemed to believe my tiny angelic looking tot (she was 21 months as it happens) could pick up her older brother and slam dunk him onto the floor!

    The main thing is that you're all ok and the shop staff will be more vigilant in future ?

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  • Hyacinth
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    Hyacinth ·
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    Actually- you said you were checking is? did you miss your holiday to take him to the hospital? If your insurance doesn't cover this than I'd say you would be looking at claiming on WHSmiths/ the airports insurance.

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  • P
    Pommie ·
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    If it makes you feel better, one of the mums in my mother's group, tripped over a paver in her back yard when carrying her 6 month old son. He cracked the back of his head on the corner of the paver as she fell.

    Hospital x-rayed him and he had fractured the base of his skull- my mate was devastated. However he is a very active and healthy typical 2 year old now, whose skull shows no sign of trauma.

    Toddlers are a lot more robust than you think . Noo-one knows what the future holds, and it would be impossible to wrap your child in cotton wool to prevent accidents...they just happen unfortunately.

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  • Roobarb
    Beginner January 2007
    Roobarb ·
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    As he is apparently fine - I would leave it. Accidents happen after all.

    I certainly don't think it is worth chucking money at in the form of lawyer's fees not to mention the time/hassle involved. However as others have said by all means write to WHSmith, they may issue a written apology.

    As he gets bigger he's likely to do much worse to himself! My older boy (almost 3) is forever falling over/bumping into things and ending up covered in bumps and bruises.

    Hope your son feels better soon.

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  • M
    mariets ·
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    Do you want money or an apology? I really hate the 'if there's blame there's a claim' way of thinking. Who told you that concussion can cause migraines in the future, did a doctor say that?..

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  • Ice Queen
    Beginner January 2007
    Ice Queen ·
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    And this is exactly the sort of claim that means businesses insurance is so high - she had no lasting injuries so what was she claiming for, stress?

    Sorry but I agree with what everyone else has said, it was an accident, I would just write to WH Smith's and expect an apology

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  • M
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    Mrs JMP ·
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    Hope he is OK today.

    Just write a complaint yourself & save yourself £200.

    God forbid Euan does go on to develope a neurological disorder & it can be linked to this accident , then look into a PI claim. It was a shock to you & I guess Mummy is suffering more with 'what if' & Euan is playing quite contently today & if like my 21mth old a little bugger.

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  • NickJ
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    NickJ ·
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    claim for what? becuase there is the possibility of "free money"? that makes me sick.

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  • H
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    Headless Lois ·
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    This is the sort of thing that I am worried about with my h+s post. I am convinced someone's child is going to fall in hot water and I wil get sued.

    I think the idea of compensation claims is to compensate you for something lost. So, what has been lost in this case? Some of your time - does that have a real value to put on it? Unless there is something to suggest a serious injury, I would let it go. I can understand you were terrified and are noe frustrated, but maybe a letter to WH Smith could get it off your chest, you never know they may offer you something anyway

    L
    xx

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  • Zebra
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    Zebra ·
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    I fell while carrying my son in his sling so I know how much of a scare you must have got. ?

    But if bumps on the head increased the risk of migraines, almost everyone would have them - my toddler is fairly cautious and he's had umpteen eggs on his head.

    I'd write and ask the to review how they clear up the bands perhaps but presumably it's been noted in WH Smith's accident book so will have to be reviewed anyway.

    I'm not sure why you would want to pay a solicitor for that when you could write the letter yourself.

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