Do I need a compo face?
Discussion
I don't know if anything else can be done as it seems slightly unfair.
Back in December I went to morrisons cafe with my 1 year old daughter and then 2 year old son. Ordered 2 pots of tea and some breakfasts.
1 year old was in the high chair and 2 year old playing with his cars. I saw the lady coming with the tea so I picked a couple of books that were in front of me so she could put the tray down and handed them to the Mrs. So when the woman arrived I was getting my 2 year old sat down and the Mrs putting the books away. The Mrs then shouted and I looked up just as my daughter was pulling one of the pots onto her lap as the tray had been put in the middle of the table, not directly infront of my daughter but then still within reach of a hooked finger of a 1 year old.
It peeled all the skin off one thigh, ended up with 5 staff helping us and phoning an ambulance. The ambulances were too busy so had to get her in the car take her to A&E. They then sent us to the specialist children's burns unit in a different hospital.
4 months later she's OK other than scarring which may or may not fade over the next few years.
The Mrs phoned the store the next day to speak to the store manager but she wasnt there so left her number. She then phoned the Mrs 2 days later and the Mrs gave her an update. 10 days after the incident I went in to speak to her to ask if there was any CCTV (there was none) and if we could have done anything different in her immediate first aid (gone through to the kitchen to use a tap etc.).
The Mrs then popped in with the kids a couple of days later to speak to her and by this point she seemed to be in the "oh well she'll live type of attitude".
It was at that point I thought stuff it and spoke to a solicitor recommend by my work union that deal in personal injury.
My main aim was to recoup the cost of 5 x 50 mile round trips to the burns unit, 5 lots of parking, loss of earning as I had to take time off work and the bloody breakfasts we never got. Then some recompense for my daughter which would go in her ISA (I think the going rate for a leg burn is about £10k)
The solicitor wrote to morriosons to ask if they accept liability and for a copy of the accident report.
They took an age to reply but their reply was that they had interviewed the staff member, she said she didn't put it close to my daughter so weren't accepting liability. Also there was no accident report, they didn't fill in the accident book as they didn't have our details. (Which is a s
te excuse given all the contact we had with the store manager. I would have thought the incident required a RIDDOR report).
The solicitor has said to us that as it's now our word against theirs, and that is it as it's up to us to prove their negligence which without CCTV we can't.
Is that it though? It seems a bit unfair that they can just say "no we didn't injure her, prove it" and my daughter has to live with scars forever.
I hate the idea of "going to the papers" and don't really see what it would achieve.
Back in December I went to morrisons cafe with my 1 year old daughter and then 2 year old son. Ordered 2 pots of tea and some breakfasts.
1 year old was in the high chair and 2 year old playing with his cars. I saw the lady coming with the tea so I picked a couple of books that were in front of me so she could put the tray down and handed them to the Mrs. So when the woman arrived I was getting my 2 year old sat down and the Mrs putting the books away. The Mrs then shouted and I looked up just as my daughter was pulling one of the pots onto her lap as the tray had been put in the middle of the table, not directly infront of my daughter but then still within reach of a hooked finger of a 1 year old.
It peeled all the skin off one thigh, ended up with 5 staff helping us and phoning an ambulance. The ambulances were too busy so had to get her in the car take her to A&E. They then sent us to the specialist children's burns unit in a different hospital.
4 months later she's OK other than scarring which may or may not fade over the next few years.
The Mrs phoned the store the next day to speak to the store manager but she wasnt there so left her number. She then phoned the Mrs 2 days later and the Mrs gave her an update. 10 days after the incident I went in to speak to her to ask if there was any CCTV (there was none) and if we could have done anything different in her immediate first aid (gone through to the kitchen to use a tap etc.).
The Mrs then popped in with the kids a couple of days later to speak to her and by this point she seemed to be in the "oh well she'll live type of attitude".
It was at that point I thought stuff it and spoke to a solicitor recommend by my work union that deal in personal injury.
My main aim was to recoup the cost of 5 x 50 mile round trips to the burns unit, 5 lots of parking, loss of earning as I had to take time off work and the bloody breakfasts we never got. Then some recompense for my daughter which would go in her ISA (I think the going rate for a leg burn is about £10k)
The solicitor wrote to morriosons to ask if they accept liability and for a copy of the accident report.
They took an age to reply but their reply was that they had interviewed the staff member, she said she didn't put it close to my daughter so weren't accepting liability. Also there was no accident report, they didn't fill in the accident book as they didn't have our details. (Which is a s
te excuse given all the contact we had with the store manager. I would have thought the incident required a RIDDOR report).The solicitor has said to us that as it's now our word against theirs, and that is it as it's up to us to prove their negligence which without CCTV we can't.
Is that it though? It seems a bit unfair that they can just say "no we didn't injure her, prove it" and my daughter has to live with scars forever.
I hate the idea of "going to the papers" and don't really see what it would achieve.
Edited by Hondashark on Thursday 2nd May 19:36
MightyBadger said:
Where would you of liked her to put the tea? Maybe keep the kids far enough away from the table they can't pull anything onto them? The person delivering the food/tea didn't spill it on the child - the child is your resposibility.
Hope the little one recovers and feels better soon.
Maybe there's 3/4 of a 4 seater table that a 1 year old can't reach. Maybe use one of those sections.Hope the little one recovers and feels better soon.
Edited by MightyBadger on Tuesday 30th April 14:57
I'll come and put scolding water in reach of your 1 year old and when you shout at me I'll laugh at you and tell you to keep your own child safe.
MightyBadger said:
The dad clearing a space for it to be set down clearly indicates its safe to receive goods and they are in control, do waitresses have to now second guess peoples parenting skills?
Going round in circles, time to step away. Have a top day.
The waitress didn't put the tray down in the space I cleared.Going round in circles, time to step away. Have a top day.
Edited by MightyBadger on Wednesday 1st May 12:05
3 or 4 of your posts have stated she did. Maybe Morrisons could call you as a witness.
Baby sat in chair, no table on chair so you have to pull it up to table to stop baby falling out forwards.
Area infront of baby clear as they grab everything in sight. I'm sat opposite with 2 christmas gifts from santa infront of me (books). Waitress coming so move books so she could put the tray infront of a parent in newly cleared space.
Tray placed in centre of table half in both spaces.
The Mrs has been in therapy as she was sat next to the baby and blames herself for not stopping it. Also has scars down her leg as it splashed her.
Wierd how angry people got when I said how would they feel if I put boiling water in reach of their baby. Almost as if they'd be blaming me and not themselves.
Area infront of baby clear as they grab everything in sight. I'm sat opposite with 2 christmas gifts from santa infront of me (books). Waitress coming so move books so she could put the tray infront of a parent in newly cleared space.
Tray placed in centre of table half in both spaces.
The Mrs has been in therapy as she was sat next to the baby and blames herself for not stopping it. Also has scars down her leg as it splashed her.
Wierd how angry people got when I said how would they feel if I put boiling water in reach of their baby. Almost as if they'd be blaming me and not themselves.
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