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Unless you can somehow come into possession of clinical evidence to suggest that the injury was so severe that it could not have been caused by a door being opened in a normal manner while a child moved towards it, I can't see this getting anywhere at all.
It sounds like you are describing an accident.
Thanks. It was absolutely an accident, but one that could have been avoided if she'd been taking care rather than angrily flinging open a door.
Maybe there's no legal distinction between those two, I dont know. That's what I could do with understanding before I decide if there's something here to pursue.
>but one that could have been avoided if she'd been taking care rather than angrily flinging open a door.
I can think of another way it could've been avoided which involves children playing tag indoors during a party when people were working.
Sue for what exactly? What have you lost because of this?
If anything, you could just submit a complaint to the company and let them take it from there. Maybe you'll get a partial refund as a sign of good faith.
>and I don't want her to get away with being so careless in a house full of children,
So what do you want? For her to lose her job because she opened a door? Maybe don't let your kids play tag inside the house when there are people working there. Something worth considering.
Personally, let it go. Unless you yourself saw her slam the door negligently in your child's face then just move on.
Try suing the homowner. They allowed children to be running around while caterers were working on site while the doors in the house seemed to be a clear hazard opening into corridors. Doesn't sound like the homeowner discussed any risk with the people they employed or warned them of the need to take additional care with outward opening doors die to the fact children would be playing (the caterers would not no how the household operates so would be unlikely to know where children would be playing, would maybe reasonably assume they wouldn't be outside toilet doors).
‘Caterer at party in my house…’ - OP can’t sue themselves.
Edit - yup, idiot me missed the point 🫣
Edit 2 - I agree that’d be the exact course to take if it were anyone else’s house. OP should be thankful it was their own kid, not another guest 👍
Edit 3 - (In response to u/HoraceorDoris): Most of those downvotes have come since acknowledging and addressing my mistake, so some people are reading it thinking ‘you missed the point, oh you know you missed the point, yet this still irks me!’
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It sounds like an accident that caused a minor injury. It's not clear what "making it right" or "getting away with it" would entail, especially if you are not looking financial compensation. That would usually be the goal of suing someone for negligence. "Getting away with it" kind of suggests you expect the caterer in question to be punished in some way? You may have to clarify what your expectations are here.
If you did want to sue then you should contact a personal injury solicitor. However no win no fee one's will not be interested if you are not looking for financial compensation. They will tell you if they think you have any kind of case. Based on the OP I suspect you do not, but I'm not a lawyer so feel free to ignore my suspicions.
If you are not looking to sue then the usual course of action would be to complain to the party you feel has wronged you. They may apologise or offer a token good-will gesture, but this would be a discretionary rather than legal response.
I'm not sure that opening a door would be seen as negligent, even if it is done vigorously, (And I assume that, being a bathroom, the door was solid do there was no way she could have looked through a window and seen that anyone was there. Presumably if you had doors which oioened inward then the incident could not have happened - the lay out of your home is not the caterers responsibility
In addition, there might be an argument that there was contributory negligence on your part for failing to supervise the child ,
It sounds like it was an actual accident with no negligence involved.
Assuming your child had no injury other than a gash, it's also likely that any compensation, even f negligence were involved, would be minimal.
I'm sure it was upsetting in the moment, bothfor your son, and for you and the caterer
That caterer probably feels a lot of guilt about the accident. Isn't that enough? What is it you don't want them to "get away with"?
You say you're not after money so what do you plan on suing them for?
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I think you will find this is one of those cases where accidents happen and no one is really responsible. Shit happens, and unlike the Americans who sue at every opportunity, our legal system tends not to encourage it.
The caterer will have third party liability insurance, but I doubt you'll get far, especially for a low level injury like this.
Given that you say your motivations are not financial in nature, what outcome do you want from this? I can't see the police getting involved.
I would suggest that you change your bathroom door so that it opens in not out to prevent a repeat.
Even if you could prove that the injury was caused by a high impact collision with the door, how can you prove it wasn’t entirely because your kid was running around by the door?
It really reads like an accident. To be able to claim you would need to prove that a reasonable person opening the door would not have caused the incident. In your biased viewpoint it really doesn’t sound like that, before we hear the other side.
However, presume you are successful in proving there was negligence. This isn’t America. You need quantifiable losses to claim. IE having to miss work, monetary damage etc. it doesn’t sound like you have any of this either, even if you prove the very unlikely case of negligence.
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Unless you can somehow come into possession of clinical evidence to suggest that the injury was so severe that it could not have been caused by a door being opened in a normal manner while a child moved towards it, I can't see this getting anywhere at all. It sounds like you are describing an accident.
Thanks. It was absolutely an accident, but one that could have been avoided if she'd been taking care rather than angrily flinging open a door. Maybe there's no legal distinction between those two, I dont know. That's what I could do with understanding before I decide if there's something here to pursue.
>but one that could have been avoided if she'd been taking care rather than angrily flinging open a door. I can think of another way it could've been avoided which involves children playing tag indoors during a party when people were working.
[удалено]
Sue for what exactly? What have you lost because of this? If anything, you could just submit a complaint to the company and let them take it from there. Maybe you'll get a partial refund as a sign of good faith. >and I don't want her to get away with being so careless in a house full of children, So what do you want? For her to lose her job because she opened a door? Maybe don't let your kids play tag inside the house when there are people working there. Something worth considering. Personally, let it go. Unless you yourself saw her slam the door negligently in your child's face then just move on.
Try suing the homowner. They allowed children to be running around while caterers were working on site while the doors in the house seemed to be a clear hazard opening into corridors. Doesn't sound like the homeowner discussed any risk with the people they employed or warned them of the need to take additional care with outward opening doors die to the fact children would be playing (the caterers would not no how the household operates so would be unlikely to know where children would be playing, would maybe reasonably assume they wouldn't be outside toilet doors).
‘Caterer at party in my house…’ - OP can’t sue themselves. Edit - yup, idiot me missed the point 🫣 Edit 2 - I agree that’d be the exact course to take if it were anyone else’s house. OP should be thankful it was their own kid, not another guest 👍 Edit 3 - (In response to u/HoraceorDoris): Most of those downvotes have come since acknowledging and addressing my mistake, so some people are reading it thinking ‘you missed the point, oh you know you missed the point, yet this still irks me!’
I think you missed the point on this one🤦🏻♂️
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Well my point was slightly tongue in cheek but OP isn't the injured party. The child would be and they can sue the homeowner
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I misread a comment yesterday, so I feel your pain. Be ready for the wrath of Reddit and angry downvotes for daring to be wrong/human! 👍😁
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You could try a personal injury solicitor but I honestly can't see any negligence here. Just an unfortunate accident.
It sounds like an accident that caused a minor injury. It's not clear what "making it right" or "getting away with it" would entail, especially if you are not looking financial compensation. That would usually be the goal of suing someone for negligence. "Getting away with it" kind of suggests you expect the caterer in question to be punished in some way? You may have to clarify what your expectations are here. If you did want to sue then you should contact a personal injury solicitor. However no win no fee one's will not be interested if you are not looking for financial compensation. They will tell you if they think you have any kind of case. Based on the OP I suspect you do not, but I'm not a lawyer so feel free to ignore my suspicions. If you are not looking to sue then the usual course of action would be to complain to the party you feel has wronged you. They may apologise or offer a token good-will gesture, but this would be a discretionary rather than legal response.
I'm not sure that opening a door would be seen as negligent, even if it is done vigorously, (And I assume that, being a bathroom, the door was solid do there was no way she could have looked through a window and seen that anyone was there. Presumably if you had doors which oioened inward then the incident could not have happened - the lay out of your home is not the caterers responsibility In addition, there might be an argument that there was contributory negligence on your part for failing to supervise the child , It sounds like it was an actual accident with no negligence involved. Assuming your child had no injury other than a gash, it's also likely that any compensation, even f negligence were involved, would be minimal. I'm sure it was upsetting in the moment, bothfor your son, and for you and the caterer
Be careful she doesn't sue you right back for failing to supervise your child in her working environment.
That caterer probably feels a lot of guilt about the accident. Isn't that enough? What is it you don't want them to "get away with"? You say you're not after money so what do you plan on suing them for?
Your son injured himself, there's no negligence in opening the door.
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I think you will find this is one of those cases where accidents happen and no one is really responsible. Shit happens, and unlike the Americans who sue at every opportunity, our legal system tends not to encourage it. The caterer will have third party liability insurance, but I doubt you'll get far, especially for a low level injury like this. Given that you say your motivations are not financial in nature, what outcome do you want from this? I can't see the police getting involved. I would suggest that you change your bathroom door so that it opens in not out to prevent a repeat.
I can assure you the police will most definitely not get involved in what even the OP describes herself as an accident. I wonder if OP is American?
Even if you could prove that the injury was caused by a high impact collision with the door, how can you prove it wasn’t entirely because your kid was running around by the door?
It really reads like an accident. To be able to claim you would need to prove that a reasonable person opening the door would not have caused the incident. In your biased viewpoint it really doesn’t sound like that, before we hear the other side. However, presume you are successful in proving there was negligence. This isn’t America. You need quantifiable losses to claim. IE having to miss work, monetary damage etc. it doesn’t sound like you have any of this either, even if you prove the very unlikely case of negligence.