Advice re Daughters Accident

[Mossycat]

OK so let me get this straight.

 

Your wife bought the coffee, your wife did not ask for a lid even though they were available. Your wife took a hot drink into a childrens play area and put it down on a table. Your wife then left the hot drink unattended in the presence of young children and as a result of all of the above the drink was knocked over and scalded a young child.

 

Obviously it's anyone but your wife who is responsible here, perhaps you could sue the child who knocked over the drink in the first place if you fail to get anyone to sue the Pub.

 

Obviously the pub was in the wrong to sell a cup of hot coffee to a grown woman in the first place and they should now be sued for every penny they have.

 

If none of the above work, try and find out which Company makes the water heater in the pub and go after them for prodcing water that is too hot.

 

Incidents like this really make me angry, an accident occurs, a genuine accident, the most negligent party in the whole chain of events is your wife and yet the first thing you do is get in touch with one of those 'had an accident we'll get you compensation' firms and look to see if you can profit from this.

 

Disgusted is the word

 

You asked for advice, the best advice I can give you is to tell your wife to be more careful with hot drinks around young children

 

Mossy

[Mossycat]

First of All, can I point out that I agreed it was an accident.

 

The first thing I did was speak to the Manager of the Pub as my point is that no assistance was given to my wife when the accident occurred, no first aid, which prolonged the suffering of my daughter. I also was querying the lack of availability of the spill resistant lids that are designed to be used with this type of cup.

 

I did not go running off to an ambulance chaser, I made enquiries after I was told from the manager of the pub in question that they had no First Aid and apparantly didn't care that some simple measures could be taken that would limit the risks of this kind of accident. He advised me to take it up with the Parent Company as he already had in the past and they were not interested. He thought maybe they would change their mind with a little consumer persuasion.

 

Do you have children?

If you have, have you taken them to this kind of place?

Were you aware that they did not have to have First Aid?

Would you be happy to take children to a "Fun Pub" that puts the cost of a basic first aid course below child safety?

 

I asked for advice, not to be judged as a money-grabbing ****** which is the inference and tone of your reply!

 

Yes it was an accident, the person who contributed MOST to the accident was your wife.

 

There is no onus or compulsion on the pub to provide first aid, they did NOTHING to cause this accident other than sell a hot drink to a grown up and supposedly responsible adult. Had they then administered first aid and got it wrong they would have been negligent and leave themselves open for a law suit.

 

You asked for advice, I gave you advice. Accept this was an accident and tell your wife to be more careful with hot drinks around young children.

 

But because that's not what you want to hear you won't see it as advice.

 

Mossy

[Mossycat]

We have accepted it as an accident, are not interested in compensation or suing.

 

As a First Aider for 15 years, if you are trained and competent you have nothing to fear about administering first aid, the argument about being sued for getting it wrong should surely also apply to doing nothing!

 

Sadly that's not the case in todays litigation/look for someone to blame society.

 

Doctors and Nurses are routinely advised not to assist in accidents when they are off duty, the reason behind this is because so many people have sued them for trying to help.

 

If you do nothing you cannot be sued, if you do something then you can be.

 

Mossy

[Mossycat]

I hope you now appreciate my points that as a concerned parent and a First Aider I wish to raise my concerns that no First Aid is available in a High Risk environment where swift action could save the lives of children who are being put at risk. If a child chokes, falls and suffers a spinal/neck injury, has a convulsion etc etc not knowing First Aid means it would be more likely that child would not survive.

 

Yes of course the first port of call for any concerned parent and First aider is always injurylawyers4u.

 

Don't forget to add on, I'm not interested in the money I just don't want this to happen to someone else.

 

Mossy

[Mossycat]

 

Mossycat's comments aren't helpful here and are probably borne out of anger from hearing of people who make spurious claims in the hope of getting compensation for being clumsy. I think many of us feel the same, but we do at least read the content of peoples posts before "going off on one". I think that sarcasm rarely helps when someone is genuinely seeking assistance and bitchy comments have a habit of coming back at you.

 

 

My comments come from years of dealing with liability claims, if you have read any of my other posts on this forum you would know that I genuinely help people who have genuine claims and are having genuine difficulties.

 

I did read all of the OP's original post, it was evident from that post that the OP had already contacted injurylawyers4u, the firm that advertise on TV saying "We'll get you 100% of the compensation you deserve", so the OP was seeking compensation, the pub were NOT negligent, his wife was.

 

If this landed on my desk as a claim, my reply and attitute would be the same.

 

End of

 

Mossy

[Mossycat]

I think they have a duty of care to ensure the public and aspecially children don't come to any harm whilst on their premises

 

You are SO missing the point.

 

They did have a duty of care and they exercised it. They sold the coffee to an adult. They did NOT sell it to the 7 year old.

 

Maybe if the mother had exercised the same level of care this would never have happened!

 

Mossy

[Mossycat]

What is your problem?

 

My wife excercised care, the only thing she could have done differently was not buy the coffee! She didn't leave it unattended she was stood there handing out the drinks to the other children and one of them knocked the table which toppled the drink. She could have stood at the counter and demanded a lid, I suppose, or kept the drink in her hand until it was empty or stood there at the counter until it was cold!

 

I think you are the one missing the point, I am trying to find out why Simple First Aid Assistance is not available when it is clearly required.

 

Can you please stop attacking my wife over this! You don't know her, you have never met her or are ever likely to meet her. She is the kindest most wonderfull mother of 7 children. Nothing has ever happend like this in our 20+ years of being parents. A one off accident prompted me to query why First Aid is not a legal requirement in this kind of establishment and you continue to jump down my throat, and also anyone who does get what I am trying to say and do, blaming my wife and ignoring all the points I am trying to make because I got legal advice about legislation re First Aid in Soft Play Areas!

 

I am not blaming anyone, I am not suing or intending to sue anyone.

 

I am simply trying to raise awareness af a matter I find quite serious to the right peoples attention so perhaps this doesn't happen again or at the very least parents are aware that they can expect no First Aid assistance in these places.

 

 

I don't have a problem. All I have done is point out the facts as you have stated them and what the current legislation is. Because myself and others have pointed out the same thing, and it's not what you wanted to hear you have chosen to take it personally and can see littel beyond that.

 

I was not attacking your wife, if your wife had not put down the coffee cup in an area where young children were running around then this would never have happened. It's as simple as that.

 

Ignorance is no defence, just because you didn't know that it is NOT a legal requirement for First Aid to be available to customers does not mean that everyone else doesn't know the law. I would suggest that awareness of this basic fact is higher than you know.

 

Mossy

[Mossycat]

 

The Licensing Act 2003

 

 

 

 

Licensing Objective – Protecting Children From Harm

 

 

 

Children have a right to be protected from harm and the protection of children is everybody’s responsibility

 

The licensed premises should have a written policy in dealing with children or young people who injure themselves, others or damage property.

 

 

 

The policy should identify suitable personnel along with guidance on the most appropriate means of intervention. Staff should be made aware of this policy by the licensee.

 

 

I think they have a duty of care to ensure the public and aspecially children don't come to any harm whilst on their premises

 

I think you will find that that relates to accidents or injuries that were a direct result of the establishment, and NOT applicable under the circumstances as described by the OP

 

Mossy

[Mossycat]

All I wanted was some advice

 

1) Tell your wife NOT to put down a hot drink and leave it unattended when young children are running around. Hopefully you and she will have learned from this experience.

 

2) Write to your MP, explain why you think that legislation should be in place to provide first aid in establishments. Ask them for their help.

 

Unless and until it becomes law, then there's nothing you can do about it.

 

Mossy

[Mossycat]

 

I am sorry I ever mentioned the IL4U enquiry as this seems to have been a red-rag to a bull to some people despite the fact I declined any further action as I just wanted a legal perspective.

 

 

 

Errr you NEVER had any further action against anyone too decline, there is and was no legal action you could take against anyone (with the possible exception of your wife for negligence).

 

Mossy

[Mossycat]

I would start by asking the pub to produce their risk assessment for 1st aid? It is recomended in legislation that 1 1st aider should be provided for up to 50 people unless the risk assessemnts requires more due to the type of enviroment i.e. a childs play area should be provided with some form of first aid. Also was this ever entered into their accident book or did they refuse to do that also?

 

I'd start by learning the law if I was you.

 

THERE IS NO, REPEAT NO legislation that forces a company to have first aid for customers, nor do they have to do a risk assessment for the public. What you are quoting is for employees, the OP was NOT an employee but a customer.

 

Do not confuse recomendations and suggestions with what the law actually says.

 

Mossy