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-   -   Hmmmmm - what would you do? (https://britishexpats.com/forum/barbie-92/hmmmmm-what-would-you-do-749166/)

Alfresco Feb 21st 2012 3:54 pm

Re: Hmmmmm - what would you do?
 

Originally Posted by Cheetah7 (Post 9912675)
I second this, no way would I take action against them.

Yes they have admitted there is a fault and they are rectifying it - that is and should be the main thing at the end of the day.

I agree with this. :nod:

The Squire of Onchan Feb 22nd 2012 2:21 am

Re: Hmmmmm - what would you do?
 
Where there's blame, there's a claim ...

Fleece the council for everything you can ...

Love

Injurylawyers4u

xxxxx

It's a way of life in the US.

TiddlyPom Feb 22nd 2012 9:55 am

Re: Hmmmmm - what would you do?
 
You have 6 years to make a claim if you wish to.

Things to consider... Have the 3 broken toes caused her any permanent damage? Have you lost your income due to this?
If yes, then I guess you have a case. If no, then it's just one of life's unfortunate incidents.

Millhouse Feb 22nd 2012 4:19 pm

Re: Hmmmmm - what would you do?
 

Originally Posted by TiddlyPom (Post 9915874)
You have 6 years to make a claim if you wish to.

Things to consider... Have the 3 broken toes caused her any permanent damage? Have you lost your income due to this?
If yes, then I guess you have a case. If no, then it's just one of life's unfortunate incidents.

I wonder how stupid the laws can actually be... i.e. could the child sue the parent for negligence - letting them play on steps and all that... Nice little claim on the house insurance.

eddie007 Feb 22nd 2012 8:14 pm

Re: Hmmmmm - what would you do?
 

Originally Posted by Millhouse (Post 9916293)
I wonder how stupid the laws can actually be... i.e. could the child sue the parent for negligence - letting them play on steps and all that... Nice little claim on the house insurance.

Judge judy yesterday had a mother sueing her father for uninsured emergency room costs coz when he was babysitting the grandkids at the park the kid got its head cut on a swing set...

You know the REALLY scarey thing??? She awarded costs against him... He was meant to be looking after the kids... He was responsible...

Could not believe how mad the world has gone... Its a grandad doing his daughter a favour by taking the grandkids to the park FFS...

Where has common sense gone?

Hebe Feb 22nd 2012 8:20 pm

Re: Hmmmmm - what would you do?
 

Originally Posted by TiddlyPom (Post 9915874)
You have 6 years to make a claim if you wish to.

Things to consider... Have the 3 broken toes caused her any permanent damage? Have you lost your income due to this?
If yes, then I guess you have a case. If no, then it's just one of life's unfortunate incidents.

Not sure about Aus but usually personal injury claims must be made within 3 years. The 6 year time limit is usually for contract claims

TiddlyPom Feb 22nd 2012 10:13 pm

Re: Hmmmmm - what would you do?
 

Originally Posted by Hebe (Post 9916538)
Not sure about Aus but usually personal injury claims must be made within 3 years. The 6 year time limit is usually for contract claims

Perhaps WA is different from NSW in this respect. My solicitor who is managing my personal injury claim says it's six.

http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R50CHP2

'2.14 The Act provides for a fixed limitation period of six years for actions based on tort or contract including those for personal injury.26 Sections 57 to 61 of the Act allow for the extension of that fixed limitation period according to the discovery rule. Although those sections were based on the relevant parts of the Limitation Act 1963 (UK),27 in New South Wales proof of the statutory criteria does not entitle the plaintiff to an extension as of right, as is the case in England (see para 2.11 above). The criteria are instead preconditions to the court’s exercise of a discretion to extend the limitation period. The Commission determined that the court should have a discretion to refuse to extend and envisaged its exercise in cases where damages were likely to be trivial, where evidence was weak or where a special defence could be proved.28'

Either way, if it's 3 in WA, then it's 3 .

chris955 Feb 22nd 2012 10:46 pm

Re: Hmmmmm - what would you do?
 
It was an accident, move on. My brother used to be manager at a large shopping mall and would receive countless claims from people who had fallen over when running outside in the rain or dropped something on their foot or something equally as frivolous. Our son was pushed off some steps at school by another kid just messing around, he broke his arm and obviously went through a couple of months of pain and discomfort, at no stage did we even think about a lawsuit. It's part of life.

EvannTel Feb 22nd 2012 11:12 pm

Re: Hmmmmm - what would you do?
 

Originally Posted by Cheetah7 (Post 9912675)

Yes they have admitted there is a fault.

Not sure how you reached that conclusion. The fact they have agreed to enhanced safety measures is not an admission of liability.

Anyway, don't sue, why would you want to?

Cheetah7 Feb 22nd 2012 11:29 pm

Re: Hmmmmm - what would you do?
 

Originally Posted by EvannTel (Post 9916706)
Not sure how you reached that conclusion. The fact they have agreed to enhanced safety measures is not an admission of liability.

Anyway, don't sue, why would you want to?

I should rephrase it, they realise that something needs doing and they are going to do it, and no, I do not think it is appropriate to sue.

Kids hurt themselves all the time, how far do people take it, kid falls over in park and breaks arm, sue council?

Kim67 Feb 23rd 2012 6:47 am

Re: Hmmmmm - what would you do?
 

Originally Posted by Millhouse (Post 9914445)
eh? You think I did?

I would never dream of using the barbaric laws here to my advantage... Well, maybe if it was a taxi driver.

I'm sure you wouldn't Millhouse, but I still subscribe to 7 Days and I see how many do.

Hehe, our old neighbours daughter has moved to Dubai and is crew with Emirates and called in on a stopover in Aus a couple of weeks ago. She said part of their training is about how to avoid getting raped by a taxi driver!


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