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If this happened to your child... Would you sue?

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Old 25-09-2009, 08:13 PM
  #1  
Rick Astley
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Default If this happened to your child... Would you sue?

A four-year-old boy has died after falling and bumping his head in a Somerfield supermarket.



Harry Blackmore was swinging on a small steel rail when he fell in the store in Liverpool.
His devastated mother was shopping just yards away when the tragedy happened.
Harry was taken to hospital but died at the end of a 10-day bedside vigil by his parents Suzanne Bond and Stephen Blackmore.
While he was critically ill, the youngster was visited by his hero Steven Gerrard, who left him a new football as a present.
The distraught parents, who have four daughters, are now suing the supermarket giant for negligence.
They told how Harry was knocked unconscious after banging his head on the floor of the store in Park Road, Toxteth.
Mr Blackmore, 39, said: "Now we're lost. We're completely empty. We just can't believe it."
Harry was a keen footballer and had been taken to join a local club so he would not have to play football in the street.
The family said they were "so protective" over their son who was growing into a "proper little boy".
Harry trained every Saturday at Woolton Football Club, where there will be a minute's silence at all games this weekend.
Family solicitor Rex Makin told Sky News the family was taking legal action against Somerfield.
He said: "This is a working class neighbourhood with lots of children. We say that parents should be able to go shopping with their children in a safe enviroment.
"We say that the railing should not have been there or should not have been in that state."
A Somerfield spokesman said: "We were deeply saddened by the death of Harry Blackmore."
http://uk.news.yahoo.com/5/20090923/...r-45dbed5.html

I'm struggling to see how, given what we have in the article, what the supermarket did wrong?

Surely the parents were the ones who should be looking after their children? A railing is a railing not a play toy so why did his parents who should have been looking after him blame Somerfield?

Tim
Old 25-09-2009, 08:16 PM
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fuzzy
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i have young children . i cant see how the supermarket can be blamed unless the railing was damaged and dangerous?
seems like an unfortunate accident .
Old 25-09-2009, 08:17 PM
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matts1
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claim nation I am affraid, had a member of staff gone over and asked him not to swing on the rail they would have been given a gob full of the parents no doubt.
Old 25-09-2009, 08:20 PM
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A sad story, but the parents are just trying to profit from the situation which is disgusting. Money ain't going to bring the kid back.
Old 25-09-2009, 08:24 PM
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Happened very local to me this did. As much as I feel sorry for the parents, the reality is if they'd kept their eye on him he would never have been allowed to climb up in the first place. Inside said Supermarket is hardly massive either, so he never exactly had many places to go out of sight.

Benni.
Old 25-09-2009, 08:27 PM
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Article doesn't seem to give much away. Judging by what it's said the supermarket have done nothing wrong!
Old 25-09-2009, 08:44 PM
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fuzzy
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you wouldnt expect a child to die from a relatively small fall and bump to the head.
Old 25-09-2009, 08:45 PM
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it is very sad, and i think its sad 2 say that i think the parents are trying to find some 1 else 2 blame apart from them self. but i will say from the news report on the tv the railing were temp inside the store, not fixed ones so they could of been unstable.
but my thoughts are with the family
Old 25-09-2009, 08:50 PM
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Originally Posted by hairdresser_joy
it is very sad, and i think its sad 2 say that i think the parents are trying to find some 1 else 2 blame apart from them self. but i will say from the news report on the tv the railing were temp inside the store, not fixed ones so they could of been unstable.
but my thoughts are with the family
I don't think any of it's relevant though. When I take family and friends children out with me I am a bag of nerves and forget most of what I went out for because I spent so much time watching them. Maybe it's different with your own children? I'd like to think not though.

Benni.
Old 25-09-2009, 08:51 PM
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Originally Posted by fuzzy
you wouldnt expect a child to die from a relatively small fall and bump to the head.

Any bumps to the head can be fatal.
Old 25-09-2009, 08:56 PM
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im constantly on edge when i take my daughter shopping, but im more scared of her running off n sum1 taking her than her, falling over, but i guess no 1 knows unless they were there. if it happened 2 my daughter i would be deverstated.
Old 25-09-2009, 09:01 PM
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fuzzy
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Originally Posted by BM08
Any bumps to the head can be fatal.
thanks doctor.
like i said though without stating the obvious i wouldnt expect a child to die from what was a relatively small bump. kids fall over all the time, from trees , from playground climbing frames etc. to die from a small fall is unfortunate and bad luck but not really the supermarkets fault.

Last edited by fuzzy; 25-09-2009 at 09:05 PM.
Old 25-09-2009, 09:05 PM
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Terrible tragedy, but the supermarket is not a creche and are not responsible for the behaviour of ACCOMPANIED children.

Has anyone checked ebay for a football, signed by Steven Gerrard?
Old 25-09-2009, 09:06 PM
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Originally Posted by fuzzy
thanks doctor.
I am crying here... You learn something new everyday.

Benni.
Old 25-09-2009, 09:13 PM
  #15  
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Originally Posted by hairdresser_joy
but i will say from the news report on the tv the railing were temp inside the store, not fixed ones so they could of been unstable.
but thats more of a reason if they were temp to not let your kid go swinging on things in the first place,
Old 25-09-2009, 09:40 PM
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yeah i agree as unfortunate as it is, its just not the supermarkets fault children are the responsibilty of thier parent or guardian at the time
Old 25-09-2009, 09:49 PM
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poor kid rip. its not the supermarket's fault, if the parents where watching him instead he wouldnt go therein d first place. disgusting!
Old 26-09-2009, 12:12 AM
  #18  
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I bet they win loads of fucking money of the ambulance chaser lawyers.

What next? a law requireing foam padding all over any potential hard surfaces or kids required by law to wear crash helmets like retarded kids do??
Old 26-09-2009, 12:15 AM
  #19  
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Not the supermarkets fault,rip the poor kid though
Old 26-09-2009, 12:15 AM
  #20  
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Tragic accident for which the supermarket are not responsible is how that comes across to me, I guess the parents are just desperate for someone to blame so they dont have to blame themselves though, cant be an easy thing to live with
Old 26-09-2009, 12:28 AM
  #21  
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parents fault imo
Old 26-09-2009, 12:40 AM
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Originally Posted by Yahoo News
The distraught parents, who have four daughters, are now suing the supermarket giant for negligence.
What negligence? Other than the parents negligence for not watching their child, I fail to see the negligence on the side of the supermarket?

Originally Posted by Yahoo News
They told how Harry was knocked unconscious after banging his head on the floor of the store in Park Road, Toxteth.
That is an accident, caused by the childs actions.

Originally Posted by Yahoo News
Mr Blackmore, 39, said: "Now we're lost. We're completely empty. We just can't believe it."
I'm sure their 4 daughters are chuffed to bits with that comment

Originally Posted by Yahoo News
Harry was a keen footballer and had been taken to join a local club so he would not have to play football in the street.
What does that have to do with anything?

Originally Posted by Yahoo News
The family said they were "so protective" over their son who was growing into a "proper little boy".
Not "so protective" they were standing by his side, watching his every move, or holding his hand?

Originally Posted by Yahoo News
Family solicitor Rex Makin told Sky News the family was taking legal action against Somerfield.
He said: "This is a working class neighbourhood with lots of children. We say that parents should be able to go shopping with their children in a safe enviroment.
No comment on how the environment was unsafe?

Originally Posted by Yahoo News
"We say that the railing should not have been there or should not have been in that state."
WHy should it not be there? If it wasn't, surely it poses more of a threat as a car could career into the store front where people are?

And what "state" ? No mention anywhere of it being in disrepair or broken.

Last edited by Thrush; 26-09-2009 at 12:44 AM.
Old 26-09-2009, 10:04 AM
  #23  
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Tragic loss of a young life but the only people at fault, through reading the artical, ar ethe parents for not supervisng their child properly. The artical draws no reference to the railings being insecure or in a state of disrepair. But then if they were that would be a bigger reason not to let your child go swing off them.

Nothing more than a horrible tragic accident
Old 26-09-2009, 11:17 AM
  #24  
tabetha
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With the car park road feet away those railing should defo have been there, imagine if a kid had been hit by a car unprotected by the rails that weren't there.
I really can't see what the supermarket did wrong, a moments inattention led to this most tragic accident.
And a moments inattention with kids is so easy as they are all over the place, he could even have fell the other side of the rails into a passing car.
tabetha
Old 26-09-2009, 11:36 AM
  #25  
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Originally Posted by Chip
Tragic accident for which the supermarket are not responsible is how that comes across to me, I guess the parents are just desperate for someone to blame so they dont have to blame themselves though, cant be an easy thing to live with
Thats the way i see it, they must feel aweful.

This is exactly why we are so stern with the boys when we are out anywhere, kids will be kids yes but ultimatly its the parents that are responsible for what there children do.
Old 26-09-2009, 11:42 AM
  #26  
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Originally Posted by tabetha
With the car park road feet away those railing should defo have been there, imagine if a kid had been hit by a car unprotected by the rails that weren't there.
I really can't see what the supermarket did wrong, a moments inattention led to this most tragic accident.
And a moments inattention with kids is so easy as they are all over the place, he could even have fell the other side of the rails into a passing car.
tabetha
I'm not sure the pictured railings are where it happened. It's just a shot of the front of the store. Thats how i read it anyway.


And would i fuck sure. Tragic accident and that's that
Old 26-09-2009, 11:50 AM
  #27  
Rick Astley
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Seems the consensus is that the parents are in the wrong here, thank god you all agree with my opinion as I don't think I could have understood anyone who said it was the supermarkets fault.

If only everybody applied common sense to this matter. I presume the actions of the parents are emotional ones only, when something goes horribley wrong you always look for somebody to blame but yourself.

Tim
Old 26-09-2009, 11:56 AM
  #28  
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i doubt they will get anywhere with the claim, although you never know. Its clearly just a tragic accident
Old 26-09-2009, 12:03 PM
  #29  
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unfortunately those that seem to judge this sort of case have no concept of reality so i dont doubt a huge payment will be winging its way to the parents soon.
Old 26-09-2009, 04:03 PM
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The Supermarket should counter-sue the parents for the bad publicity!! It amazes that when a child dies, the parents are thinking what monetary gain can be made from it. Its a sad state of affairs indeed, quite simply, they should have watched him more carefully.

Debs
Old 26-09-2009, 04:06 PM
  #31  
fuzzy
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id put money on a no win no fee vulture pressing them into it.
Old 26-09-2009, 04:09 PM
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this is what happens all the time, parents not watching the kid, something happens and the premises owner gets blamed, ists a shame really because she maybe going through grief but the manager will probably take alot of shit for it as well
Old 26-09-2009, 04:29 PM
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Somerfield. A supermarket giant! LMAO
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