Legal advice required

[tinx]

My wife invited over one of my sons friends and his mum to play in our paddling pool this afternoon. Said friend managed to gash open his leg whilst jumping in the paddling pool under the supervision of his mother. She is now threatening to sue us.

Nice friends eh? Anyway what is NSCs opinion. Does she have any case?

 

[Lady Whistledown]

On the subject of lawyers (sort of), wouldn't it be good if clubs could employ footballers on a no win-no-fee basis?

 

[skr80]

are you sure he actually cut himself at your place, and not just opened up an existing wound that had occurred earlier in the day (witnesses to alleged accident?)

 

[Iamapen15]

Yeah nice friends indeed!!

The two main areas to look at bring any action to be brought is negligence and forseeability.

If the pool was being used as it should have been and the child was under supervision there is no case to answer.

 

[Mackenzie]

My wife invited over one of my sons friends and his mum to play in our paddling pool this afternoon. Said friend managed to gash open his leg whilst jumping in the paddling pool under the supervision of his mother. She is now threatening to sue us.

Nice friends eh? Anyway what is NSCs opinion. Does she have any case?

lol only in Americ......oh hang on!

I wouldn't have a clue, but you know the old saying....'where there is blame, there's a claim'......so good luck with that one. Probably just the mother being neurotic at the sight of little Johnny's blood I'd think though.

 

[BLOCK F]

My wife invited over one of my sons friends and his mum to play in our paddling pool this afternoon. Said friend managed to gash open his leg whilst jumping in the paddling pool under the supervision of his mother. She is now threatening to sue us.

Nice friends eh? Anyway what is NSCs opinion. Does she have any case?

I've no idea whether or not she has a case,but case or no case,'friend and mum' need dumping pdq!
Makes you sick,doesn't it!

 

[BeardyChops]

Friends??!

I'm no lawyer, but that's surely just laughable. If they really do carry on being such gits, just tell them you'll fight it, and they'll have to end up paying the legal costs.

 

[seagullsovergrimsby]

You might be negligent on the basis you didn't get them to sign a disclaimer when they entered your property. Did you carry out a risk assessment beforehand ?

 

[empire]

shes got a case,i would start to worry,

 

[skipper734]

Shirley, said mother supervising, implies risk assessment on her part. Jumping in the paddling pool, improper use.End of.
Counter claim for damage to pool and cleaning.

 

[ATFC Seagull]

Depends really. Did he cut himself on the rusty machete that you happened to leave lying around at the bottom of the pool?

 

[Lord Bracknell]

Sue for what? Loss of earnings? Do they still send children up chimneys in Horsham?

 

[beorhthelm]

oh i do hope you are joking. as you are probably not that really is very sad.

id just play along, say if they feel they have to sue, then so be it, highlighting how you and family will be impoverished and how their child will grow up very very lonely.

i dont think you have much to worry about, i dont think our courts stand for this sort of crap (unless actual negligence can be shown) and if the mother was there i cant see how the child wasnt still in her care.

 

[element]

Might pay to check your home insurance to see if you have legal cover. It normally costs a bit extra, but gives around fifty grand for legal fees in cases like yours...

They also usually include a 24/7 legal phone helpline to get some advice

 

[Mellor 3 Ward 4]

What a shame - not about the kid who will no doubt be fine - but how you/your wife will lose friends over this - having said that I don't think you will want her/her family as friends anyway.

 

[Mellor 3 Ward 4]

Sue for what? Loss of earnings? Do they still send children up chimneys in Horsham?

yep.

 

[Worthai Seagull]

What is this f***ing country coming to.... It just beggers belief really. 'Under the supervision of HIS mother' ?? Sue her for negligence of her own child !
Frankly its all crap isnt it......when we were kids we just went out and played and if we got a cut/open wound etc etc, we just got on with it.
What a society we live in now !

 

[sam86]

As above, just threaten to countersue for legal costs and time wasting / loss of earnings. Scare the bitch right off.

 

[Lord Bracknell]

When I was a kid, I had a garden fork shoved through my foot by a mate who went on to become an international footballer. It RUINED my career.

Should I sue FIFA?

 

[Tooting Gull]

Unless there is something you're not telling us about exactly how the cut occurred (I dunno, broken glass or something, or ATFC's suggestion) I wouldn't have thought they have much of a case, especially with the mother present. If it had been an organised party and your wife was a professional in that area, might have been different.

On the face of it, it sounds so ridiculous if they are serious (and this friendship sounds a bit dead) I would threaten to go the local paper. Suing a 'friend' in these circumstances is a much better story than yet another compensation claim, and they will be made to look very stupid in the community.

In a few months, when I've finished my CAB training, I should know some of this stuff...