Parents thoughts on this insurance payout?

Megwepz

Just saw this and have seen so many other stories about insurance payouts. Would be interested to hear parents view on this....would you pursue this matter as this child's parents did?

https://m.independent.ie/irish-news/courts/boy-2-who-fractured-arm-after-colliding-with-child-on-slide-awarded-40000-38274353.html

Megwepz

Typo in the title and now I can't edit...apologies to any other grammar and spelling police out there!

Mod Edit: Typo fixed

MightyMunster

Another ridiculous award. No wonder businesses are closing. Judges are to blame. All the fake claimants should be tried for fraud and jailed. Might sort it out eventually.

tickingclock

I thinks it's wrong children climb up slides the whole time. I think where do you draw the line with all the slides in public playgrounds also.

beauf

I would have said no all my life till now.

But I'm no longer so sure...

The_Honeybadger

Crazy. I suppose if there is negligence on behalf of the childcare provider there has to be consequences but €40k!!

Imo the injured party (parents in this case) should be paid medical expenses and loss of earnings for time off work etc but these bumper payouts for relatively minor injuries are encouraging the claim culture and having a detrimental effect on businesses.

MightyMunster

40k for a slide, 60k for a swing. Where does it end.

shesty

Just read that story, shocking.The most likely result of that is that Giraffe will remove slides.We have to stop wrapping our kids in cotton wool and blaming other people all the time.Are they going to sue when he gets bigger and breaks his collarbone playing underage soccer or falls and gets a cut in the school yard??Every other child suffers because of it, the result is that play equipment is taken away, or they aren't allowed run or just be children.
Kids climb up slides.If I had a euro for every time I stopped my kids climbing up slides, I'd be a rich woman!!

And I always wonder who puts the idea of suing into people's heads?What sort of thought process do you have to have to think the right thing to do it exploit incidents like that to get a payout?It's not like there were hospital bills to cover.

Hoboo

I don't agree with the offer, think it's OTT. But that's up to the company. They have their reasons, and hiding their poor training policies and health and safety updates could be just some.

I would ask why in a supervised environment was he allowed to do that? If I saw a 2 year old walking up a slide the wrong way with other kids at the top I'd quickly recognise the danger.

The creche is negligent in every way. No mention of an investigation of their training policies which would concern me the most.

TheValeyard

Absolutely stupid decision by the judge. And shame on the parents for taking the action against the creche.

Hoboo

TheValeyard wrote: »

Absolutely stupid decision by the judge. And shame on the parents for taking the action against the creche.

The judge didn't make a decision. The company made a settlement. Court just approved it.

s7ryf3925pivug

Insufficient supervision.
No idea whether I'd pursue it but I would blame the creche.

The_Honeybadger

Laylah Spoiled Riverside wrote: »

Insufficient supervision.
No idea whether I'd pursue it but I would blame the creche.

Almost certainly they are partly to blame but it’s the value of the payout that i would be querying.

My child broke their ankle in crèche aged nearly four after falling off a swing. The manager showed me the cctv and there was a staff member very near who was watching the kids playing but they were attending to another child at the time. I agreed with the manager that they would cover all the medical expenses and they did, even though it only amounted to the A & E charge. I am totally against the claim culture but if the staff member had been fluting around on their phone or something I’m not sure I’d have been so reasonable, it’s case by case I guess.

Either way I think € 40k is completely crazy for a relatively minor injury and it is no wonder we have these kinds of cases in the paper week after week. I’m not an expert on the insurance industry but I work with small businesses day in, day out and see first hand the difficulties that insurance is causing them. Childrens play centres ironically are becoming almost uninsurable. Until judges stop awarding crazy sums in court and there are severe penalties for fraudulent claims you will see settlements like the above, and we are all paying for it.

cruizer101

40k is absolutely crazy for this, why isn't is just the medical expenses that are covered.
I would think the insurance company are partly to blame for this as they just offer the amount to try and avoid a full court case in the knowledge that they can just increase the premiums to pass on the cost.

From the parents point of view it is bad also, why didn't they just look to cover medical expenses, greed.

We're going to end up with creches where the playground consists of a padded box ffs.

A2LUE42

The_Honeybadger wrote: »

Almost certainly they are partly to blame but it’s the value of the payout that i would be querying.

My child broke their ankle in crèche aged nearly four after falling off a swing. The manager showed me the cctv and there was a staff member very near who was watching the kids playing but they were attending to another child at the time. I agreed with the manager that they would cover all the medical expenses and they did, even though it only amounted to the A & E charge. I am totally against the claim culture but if the staff member had been fluting around on their phone or something I’m not sure I’d have been so reasonable, it’s case by case I guess.

Either way I think € 40k is completely crazy for a relatively minor injury and it is no wonder we have these kinds of cases in the paper week after week. I’m not an expert on the insurance industry but I work with small businesses day in, day out and see first hand the difficulties that insurance is causing them. Childrens play centres ironically are becoming almost uninsurable. Until judges stop awarding crazy sums in court and there are severe penalties for fraudulent claims you will see settlements like the above, and we are all paying for it.

Had a similar experience. where my 3 year old and his best friend were hugging/messing and fell over in the creche and he fractured his elbow. The other childs parents were in a worse state than we were. We didn't claim or anything like that. We viewed it as something that could just as easily have happened at home and a part of growing up. We stopped using the creche within the year, but that was due to other issues with the way they were treating their staff and children when a new manager was appointed.

uck51js9zml2yt

TheValeyard wrote: »

Absolutely stupid decision by the judge. And shame on the parents for taking the action against the creche.

The judge just approved the offer by giraffes insurance.

It's was a childminding facility. It should have been supervised

Offer was OTT but that's the company's fault.

JustMe,K

Between this and 85k for being stupid enough to carry a cardboard cup of hot tea under an arm, I despair of our claim culture.

I absolutely would not have gone after the creche in this instance for compo, I would have been happy with medical expenses and out of pocket/ time off work expenses covered. My daughter was at an activity years ago, broke her leg and all expenses were covered on our health insurance, I ran into all sorts of people at the hospital telling me how much it was worth in a compensation claim, but it was the last thing on my mind.

Maybe those of us who don't immediately jump to claim are the bigger fools.

ted1

It’s daft. Kids have accidents and break bones all the time. It’s part of being a kid.

ted1

Kenna Rapid Treble wrote: »

The judge just approved the offer by giraffes insurance.

It's was a childminding facility. It should have been supervised

Offer was OTT but that's the company's fault.

Sorry kids climb up slides all the tine it’s part of being a kid and playing. Im sure they were supervised.

What way would you have kids play. In bubble wrap and isolation. Surrounded ny padded walls and floors ?

Hannibal_Smith

If my kid fractured his arm in creche I'd think pretty seriously about suing.

?Cee?view

Megwepz wrote: »

Typo in the title and now I can't edit...apologies to any other grammar and spelling police out there!

Mod Edit: Typo fixed

It's still got a typo

Grammar Police

cruizer101

kcdiom wrote: »

Maybe those of us who don't immediately jump to claim are the bigger fools.

This is a big part of it, as honest as I like to think I am I'd be lying if I said in the same situation I wouldn't be tempted. I think I would do the right thing but imagine if you were a family who was financially struggling anyway, very easy to see how you could decide feck it everyone else is doing it.

This is why the government needs to step up and completely overhaul how cases like this are dealt with, people can't be trusted to be genuine and the courts seem happy to approve large payouts meaning insurance will offer it without dispute and so pass on the expense to everyone.

ted1

Laylah Spoiled Riverside wrote: »

Insufficient supervision.
No idea whether I'd pursue it but I would blame the creche.

These things happen in a matter of seconds, unless you put them on a short leash no amount of supervision would prevent this

Wheety

It's crazy. I broke my collarbone as a child. My parents never would have thought of suing. I feel sorry for kids, pretty soon they won't be allowed to have fun. Boys like climbing. I've climbed up a slide plenty of times. If I got injured (as a child) doing it, it would just be seen as hi-jinks. It's mad that everyone's first thought is that there must be someone to blame.

TheValeyard

Kenna Rapid Treble wrote: »

The judge just approved the offer by giraffes insurance.

It's was a childminding facility. It should have been supervised

Offer was OTT but that's the company's fault.

Kids have accidents even when supervised. It's a part of life. Hate to think of the knock on effects this will have on other creches.

Wheety

Hannibal_Smith wrote: »

If my kid fractured his arm in creche I'd think pretty seriously about suing.

But what if it happened in a public playground with you there? Sue the council?

TheValeyard

Wheety wrote: »

It's crazy. I broke my collarbone as a child. My parents never would have thought of suing. I feel sorry for kids, pretty soon they won't be allowed to have fun. Boys like climbing. I've climbed up a slide plenty of times. If I got injured (as a child) doing it, it would just be seen as hi-jinks. It's mad that everyone's first thought is that there must be someone to blame.

I got stitches, scars, bandages, war wounds, etc from when j was a young kid. All from playing with mates and having the craic. It would never have entered my parents mind to sue somebody for me acting the idiot.

DavyD_83

That is ridiculous in my opinion.
Apart from anything else, the injured kid was the one climbing the slide (ie. in the wrong), although this might not matter from legal perspective, it would make a huge difference to me morally.

In all these cases, if people limited their claim to actual costs incurred (medical expenses and possibly any lost earnings as mentioned above) I don't have any real issue.
But any costs for 'trauma' etc are nonsense to me.

If myself or kids were injured in any way, the last thing I would think is "can I make money out of this?", but in some cases, I can see that I could think " can I get somebody to help with the cost of this?" if there was going to be a massive bill attached to any required care.

Odyssey 2005

ted1 wrote: »

These things happen in a matter of seconds, unless you put them on a short leash no amount of supervision would prevent this

If you do that you would be accused of running a concentration camp.!

I'd love to know how much this will actually cost the creche. Their insurance excess etc.

BASHIR

No wonder Childcare is so expensive.

tickingclock

I'd be interested in do Giraffe creches still have slides?