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What would you do?

Our daughter, 17 months, got her leg broken in a mall play place.She had to have gotten jumped on by another kid, no other way to have gotten hurt that bad.My husband turned around for a minute and did not see what happened.The mall does not have security cameras at all or the normal play at your own risk signs.We are debating talking to a lawyer because of the security camera thing, and because her leg is broke IN THE GROWTH PLATE.This means possible lifetime growth problems.There is a height limit, but nobody follows it and kids one foot over the height limit were in there with her.What would you do?

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alalsip

Asked by alalsip at 11:45 PM on Dec. 22, 2008 in General Parenting

Level 1 (0 Credits)
Answers (15)
  • Quite honestly, and I'm not trying to be a bitch, but your husband should have been watching more closely. I'm not saying it's his fault, but if he knew there were bigger children playing there even looking away for a minute is dangerous, as you unfortunately found out. I'm really sorry your little girl got hurt. Everyone is so quick to make someone else responsible when something bad happens. I think in a situation like this, people need to take some personal responsibility. Even if there are no signs or cameras, your child's safety is ultimately YOUR responsibility. I would understand if there was faulty equipment that caused the injury, but you didn't say there was. I really don't think there is much you can do.
    Rebecca7708

    Answer by Rebecca7708 at 12:00 AM on Dec. 23, 2008

  • I think I would let it go. Do you really need a sign to tell you that your child might get hurt playing? The play areas are to be watched by the parents, if your husband saw older children playing there he shouldn't have let your daughter play. If she had gotten hurt becasue the equipment was broken I think if would be ok... but things happen! People are too sue happy these days.
    Anonymous

    Answer by Anonymous at 12:01 AM on Dec. 23, 2008

  • I agree w/ the PP's. I'm so sorry your DD got hurt, and I hope she heals fast! but there's probably noy much a lawyer can do & it might be a waste of your time & money to pursue it.
    crazysocks830

    Answer by crazysocks830 at 12:43 AM on Dec. 23, 2008

  • I agree with the previous posters. I hope your daughter heals fast! Good Luck!
    angieluv

    Answer by angieluv at 1:45 AM on Dec. 23, 2008

  • It doesn't matter if they have the signs up or not you can still sue. Wen my son was little he fell off a roller slide at a fast food restaurant because it didn't have sides (he was with grandma) and busted his face up, I called up their corporate offices and they paid his medical bills.

    sammiesmom2000

    Answer by sammiesmom2000 at 6:58 AM on Dec. 23, 2008

  • I would only sue if she was hurt on a peice of broken or defective playground equipment.
    Silvertears1275

    Answer by Silvertears1275 at 9:26 AM on Dec. 23, 2008

  • I would definitely tlak to your lawyer....not just to sue but maybe to make the mall put up some cameras.
    NorahSethsMommy

    Answer by NorahSethsMommy at 9:29 AM on Dec. 23, 2008

  • Why are you wanting to sue?

    I don't think this is grounds for suing someone. Things like this happen everyday--it could have been your backyard. It was just a tragic mishap. The security cameras are where they will do the most good--monitoring merchandise and cash drawers. Parents are supposed to be watching their kids in the plaything.

    I hope she gets better soon!
    ReneeK3

    Answer by ReneeK3 at 9:35 AM on Dec. 23, 2008

  • I don't think so either. It comes with the common knowledge that it is play at your own risk. The signs should be up, but as a parent you should know that something might happen. Every time I take Bella am like a hawk (watching her every move) the other kiddos are so excited to be playing and they are a little rough. Most of the children are larger than Bella and play harder and she gets knocked down and children try to jump on her. That is the nature of the beast! Even at a playground there are similar risks, but they do not have signs to warn parents. I broke my arm twice as a child by falling off the monkey bars, and my parents never sued the school to put up signs to warn of the risks of playing there.
    It is up to you and hubby of course in the end, but I don't know what the lawyers will tell you and you will still be responsible for covering their costs too.
    lala1482

    Answer by lala1482 at 10:29 AM on Dec. 23, 2008

  • Well my opinion is she should have been supervised a bit more closely, and if there were bigger kids in then she should not have been allowed in. Just because there was not a 'play at your own risk' sign does not mean you should not supervise your kids and use good judgement. Accidents happen. That is why they are accidents. As for suing- I don't know if that will really do much good. I would assume you would need actual proof that your child was injured there and not say in your own back yard. You don't have any security guards or security cameras that caught the accident, and I am guessing you don't have the names/numbers of any possible witnesses. I hope your daughter gets better soon.
    MizLee

    Answer by MizLee at 10:30 AM on Dec. 23, 2008

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