do you think i should make a personal injury claim?

i was working on sunday and my sister took my 3yr old daughter to an indoor play centre for her cousins party. whilst there my daughter came down the slide and banged her arm on the side of the slide. with this she got upset and a mother from the party who is a nurse said get her straight to the my sister took the advice.i met them at the hospital and my lil girl has broken her arm and they think she might have broken it twice but cannot check with the second brake as there was a lot of fluid so will xray it again next week. i phoned the play centre to complain and find out why this happened. the woman basically said because no one reported the accident that there’s nothing she can say about it. there was however a sign saying that under 3’s were not allowed. do you think i have a case as i don’t think this slide should be used for 3 yrs old
thanks for the opinions and my sister wasn’t the mother of the birthday girls. my sis only took her so my daughter wouldn’t miss out. my sis couldn’t go and help her as adults are not allowed in the actual play area. my point im trying to make is i don’t think 3 year old should be allowed on the slide i think the slide is to advanced and thats why my daughter broke her arm

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    4 Responses to “do you think i should make a personal injury claim?”

    1. Trishyann Says:

      I would say no. You didn’t report the accident. They didn’t cause the accident it just happend. Filing a personal injury claim is why a lot of places don’t have play areas anymore because everyone wants to file a claim for a broken arm. If I fell down the stairs in your home would you want me to file a claim against your homeowners because I can’t walk or if I took something out of your oven and got burnt. That’s what insurance & payment plans are for.

    2. sin_jin187 Says:

      You can file a claim but since the incident was not reported to the place where it happened you can’t actually prove it happened there. There is no record. Also most place that have an area like that such as McDonalds etc have a disclaimer that says if you allow your child to play there then you assume responsibility. But file and see what happens, you make get a sympathetic judge. Sorry about your little girl, I hope she is ok!!!!

    3. Cupid's Says:

      well first a couple things. I will bet you there are also signs in the play center that say they are not responsible for injuries. It is an assumed liability on the parent or guardian if they allow a child to play on play ground equipment. It’s reasonable to expect the potential for injury. All they have to do is operate following the states safety requirements.

      Also your sister would be the one responsible for not allowing a child under the posted age play in the center for children 3 and older. She was her guardian, she was under her care, not the centers.

      I hope everything turns out well with your daughters arm.

    4. heartlostangel Says:

      No, I wouldn’t. I’m sure there are signs all over the place saying that using the equipment is done at your own risk, as well as disclaimers. Also, the fact that no one reported the accident to the on-site operators will make it hard to prove that the accident occured at the center, it will turn into he says/she says etc. I’m confused as to how your daughter was injured in the first place, where was your sister and why wasn’t she helping your daughter use the equipement? Is this sister the mother of the cousin who’s birthday it was? If so, it will be said that it was your responsibility to be there and watching your child, or your child should not have been at the party in the first place with a preoccupied caregiver. Sounds like a horrible accident, but accident nonetheless.

      Good luck!