Legal advice required

[Hiney]

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?

Tell her to f*** off and see you in court.

What a f***ing PLEB

 

[pishhead]

Just shows what a shower of shite people are these days I blame that twat who used to be in eastenders with his no win no fee shenanigans. People almost seem to hope they have an accident. I have an image of an old chap walking down the M23 blindfolded.

 

[seagullsovergrimsby]

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?

Did you knock about with Sir Stanley Matthews ?

 

[drew]

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

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

Not strictly correct. You are referring to legal advice. If you have got contents insurance then this should automatically provide cover for claims against you arising out of allegations of negligence and would cover your legal costs as well as any award of damages.

The point is, under law, there has to be negligence. If there is no fault with the paddling pool, then unlikely she will be successful as the pool was being used in accordance with its intended purpose and the mother had consented to its use.

However, you should have cover for any claim for liability under the contents section of your household cover. If she puts it in writing you need to let your insurers have it pdq. If you delay and she wins they may not cover you.

As for what they are claiming, they can sue for the disfigurement of a scar and the trauma the kid suffered. Most solicitors would spin it out suggesting he kid has been put of swimming pools for life and may never swim again. Ridiculous but thats how solicitors make their money, ie by not being honest.

What might be an acceptable battle scar to some could be a disfiguring scar to others depending on where it is. At the end of the day, if he didn't require stitches then it is unlikely to be serious but nevertheless, if she sends something in writing, tell your insurers straight away.

 

[Race]

tell her to f*** off, do a big shit on her lawn and tell every other parent in the neighbourhood that the family are money-grabbing bastards. should make sure that the kid will end up a billy-no-mates

 

[The Large One]

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?

Get Trigger to phone her. He's good at that.

 

[element]

Not strictly correct. You are referring to legal advice. If you have got contents insurance then this should automatically provide cover for claims against you arising out of allegations of negligence and would cover your legal costs as well as any award of damages.

The point is, under law, there has to be negligence. If there is no fault with the paddling pool, then unlikely she will be successful as the pool was being used in accordance with its intended purpose and the mother had consented to its use.

However, you should have cover for any claim for liability under the contents section of your household cover. If she puts it in writing you need to let your insurers have it pdq. If you delay and she wins they may not cover you.

As for what they are claiming, they can sue for the disfigurement of a scar and the trauma the kid suffered. Most solicitors would spin it out suggesting he kid has been put of swimming pools for life and may never swim again. Ridiculous but thats how solicitors make their money, ie by not being honest.

What might be an acceptable battle scar to some could be a disfiguring scar to others depending on where it is. At the end of the day, if he didn't require stitches then it is unlikely to be serious but nevertheless, if she sends something in writing, tell your insurers straight away.

You are correctamundo!!

I'm with CIS (The Co-op...) and have this...

Our home insurance gives you all this:Up to £500,000 rebuilding costs cover as standard
Up to 40% No Claim Discount for buildings and contents, with option to protect once full entitlement has been earned
1/3 off contents premium when you buy buildings and contents insurance together
*FREE legal expenses insurance, up to £50,000 costs covered*
*FREE legal advice helpline*
FREE HomeRescue emergency helpline
HomeRescue Plus for just 12p for the first year
Pay monthly by Direct Debit or annually by debit/credit card
FREE pre-travel advice and emergency travel assistance helplines (with the travel option only)

So, as pointed out, your home insurance might include this as well...

 

[KneeOn]

tell her to f*** off, do a big shit on her lawn and tell every other parent in the neighbourhood that the family are money-grabbing bastards. should make sure that the kid will end up a billy-no-mates

Don't be harsh to the kid! He's not the one who is pressing charges. But she does sound like she needs a shag. Damn up tight. Any decent judge/jury would throw this one out methinks. Although 'jumping' in to the pool could be inpropper use of the pool. However, his mother (not you) supervising the pool, i believe, means you aren't responsible. As i say. It should get laughed out of court. if not. shit on their lawn as afformentioned, and also consider bring the bricks out so you can put some through various windows and doors.

As a side note, and this isn't meant to be patronising or belittling, but could she have meant it as a joke, and she didn't deliverit well (i.e too good?) or something got lost in translation? Or was it formal?

 

[BIG GAY AL]

im no lawyer, but i do watch a lot of judge judy!!

but cantr you only claim for damage like medical bills, loss of working time or mental injury. i mean how much could they realy claim for, hopefully she will just calm down the mental cow and realise what she is saying!

 

[nail-Z]

There's no chance that this is any more than an empty threat, or at worst some daft bint trying to frighten you into feeling guilty and throwing a few hundred her way to keep her quiet.

Not strictly legal advice, but surely there's no legal substance to such a SHIT threat.

I am assuming you issued them both with hi-vis life jackets before allowing them to paddle?

 

[Race]

what did the life-guard on duty say?

you DID have a life-guard didn't you?

 

[Husty]

I think everyone has misunderstood here, the mum of the injured boy isnt a friend of the family, unless you think you were being negligent id tell her youll see her in court, shell lose and you can counter sue

 

[brighton rock]

no chance sure the pool has warnings on it

 

[Everest]

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?

• If your injury was caused by someone’s negligence you must start court proceedings within 3 years of when you were injured. If you were not aware of the injury initially you have to start proceedings within 3 years of finding out about the injury.

• If the claim concerns a child who has been injured time limits do not normally start until they are 18 years old.


Either way, you're totally f***ed, Mr Lord B, sir.

 

[Insel affe]

Crazy world, for Crazy people.............Jesus ive got all this to fecking worry about soon...........Do parents really sue each other,over such stupid accidents........!
Thank god it did not happen when i was a kid 30years ago........I wish i had a pound for every time we twated each other with stcks,stones and bikes....imagine sueing owners of extra tall hedges after a game of grand national.......or broken fingers from crab football......Madness

ps good luck

 

[Eggmundo]

Kill the woman and her entire family. Bingo.

 

[NMH]

Go round and chiv the bitch, give her summat to sue about.

 

[Lord Bracknell]

If you were not aware of the injury initially you have to start proceedings within 3 years of finding out about the injury.

The injury was nowhere near as painful as the NEAT IODINE poured on to it by my mate's mum.

 

[PILTDOWN MAN]

Sounds like she's is grey matter challenged to me. Did she come from Crawley as being a Horsham lad myself I'm sure they do not make them that thick, or have times changed?

 

[tinx]

Thanks for all the comments. I do have legal cover in my contents insurance so I am inclined to tell the bitch to sue away. Her precious kittle darling wasn't that injured anyway. Seems the gash was caused by the seem on the pool. She wants to sue Argos too.

Now I know I have cover I think I might have some fun with this and wind the bitch up a bit.

By the way as she was looking after her child my thoughts are she was in charge so is negligible. I think counter sue for costs is definitely gonna be worth it for the wind up.

My wife will speak to her tomorrow to find out what she intends doing.