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I'd sue too!!!

LancesMom

posted to Current Events & Hot Topics in Current Events & Hot Topics
on Nov. 7, 2009 at 10:36 PM

  • 18 Replies
  • 236 Total Views

Look at this poor little guys arms!!

Mom Sues Daycare For Giving Son a Sunburn

Friday, November 6, 2009

News.au.com: A young Queensland mum is planning legal action after her toddler suffered second-degree burns from being exposed to a day of blazing sunshine at her local childcare centre.

Mum Michelle Murton with 16-month-old Ozzy who is recovering from the burns.news.com.au/Megan Slade

Sixteen-month-old Ozzy Buisson sustained badly sunburnt arms which burst into deep, weeping blisters the morning after his stay at the Jumping Beans Children's Community Child Care in Kingaroy just over a week ago.

His mother, Michelle Murton said she was horrified to find the fair-skinned Ozzy "as red as a beetroot" when she picked him up about 4pm on Friday, October 23.

"I've never seen sunburn like it before," she said yesterday as a still red-armed Ozzy played. "He was so red it was almost purple. For him to be burnt this bad, he must have been outside in the sun most of the day."

Ms Murton said she questioned Ozzy's centre group leader and the woman replied that the toddler had been playing in water and his sunscreen must have washed off.

She was told centre staff had applied sunscreen in the morning and when they noticed Ozzy's skin looked red after his noon nap, they reapplied cream but still let him play outside.

Ms Murton said she bought after-sun gel for Ozzy's arms that night but when huge blisters appeared the next day she rushed him to the Kingaroy Hospital emergency ward where he was treated with an antibacterial burns cream and strong painkillers.

"Everyone at the hospital was amazed at his burns," she said. "They all came to look at him."

Ms Murton said it was clear the centre's sun safety policies needed an overhaul and she had contacted solicitors about instigating legal action for her son's pain and suffering.

Ozzy was immediately withdrawn from the centre. "I just want them to recognise that they are responsible instead of denying they did anything wrong," she said.

Jumping Beans owner and manager Bevan Pearson said all sun safety procedures had been followed on the day, which had been a special playground fun day to farewell two of the centre's long-term youngsters as well as a business partner.

He said the top temperature on the day was 29C* and all children had sunscreen applied, wore hats and spent their rest and meal times in the shade.

Mr Pearson said the centre usually suggested to parents that children also wear long-sleeve shirts.

"All the children played in the water and of 39 children on the day he (Ozzy) was the only one who had sunburn," he said.

Mr Pearson said while he was "sympathetic and apologetic" over the incident he was not admitting any liability.

Would you sue?

*BTW 29 degrees Celcius is 84.2 degrees Fahrenheit



Written by on Nov. 7, 2009 at 10:36 PM

Replies:


  • JamieLeigh02
  • by on Nov. 7, 2009 at 10:40 PM
  • I would sue them for negligence and whatever else I could sue for. If they noticed he was already burned why the hell would they put him back outside. 

  • stormcris
  • by on Nov. 7, 2009 at 10:43 PM
  • Being a child who had that type of burn a few times as a child before they realized I could not tolerate the sun, I would say no. That burn in a child who has developed a sensitivity to the sun take an hour of being in an out of water. If I had not experienced it, I would probably have had the same reaction and it did not effect me like that until around two years of age for the first time. Given that none of the other children got burned I would think this is the case with this child.

  • PsychMommie
  • by on Nov. 7, 2009 at 10:45 PM
  • I would only because they are refusing to admit that they had done something wrong. I mean come on they couldn't take the time to read the side of the sunscreen bottle and learn how to correctly use it. Then to let him outside again I would be irrate.

  • Della529
  • by on Nov. 7, 2009 at 10:52 PM
  • This.

    Quoting stormcris:

    Being a child who had that type of burn a few times as a child before they realized I could not tolerate the sun, I would say no. That burn in a child who has developed a sensitivity to the sun take an hour of being in an out of water. If I had not experienced it, I would probably have had the same reaction and it did not effect me like that until around two years of age for the first time. Given that none of the other children got burned I would think this is the case with this child.


  • mmtosam06
  • by on Nov. 7, 2009 at 11:34 PM

  • Quoting JamieLeigh02:

    I would sue them for negligence and whatever else I could sue for. If they noticed he was already burned why the hell would they put him back outside. 


    Photobucket stephanie/cloth diapering/full term bfing/extended harnessing mama

  • Mergath
  • by on Nov. 8, 2009 at 12:19 AM
  • The mother in me says, "Sue the bastards!!!"  Realistically though, it can happen.  I've been to Mexico a couple of times and ended up that badly burned, and being the fair-skinned Irish/Norwegian descendent that I am, I know that by the time you even realize you're getting burned, the damage can already be done.

    Lilypie Second Birthday tickers


  • Godgaveme4
  • by on Nov. 8, 2009 at 12:25 AM
  • No I would not sue.

  • phantomphan
  • by on Nov. 8, 2009 at 12:26 AM
  • Are they mean, or just stupid?

  • skisbufly1
  • by on Nov. 8, 2009 at 12:28 AM

  • Quoting mmtosam06:


    Quoting JamieLeigh02:

    I would sue them for negligence and whatever else I could sue for. If they noticed he was already burned why the hell would they put him back outside. 

     






  • cowgirlsr2
  • by on Nov. 8, 2009 at 12:41 AM
  • I would at least ask for medical cost and pay lost.



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