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  1. #1
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    Exclamation Granny who fell liable for baby's injuries

    A grandmother sued by her own family after falling down stairs while carrying her baby granddaughter has been found legally liable for the girl's head injuries.

    Justice Robert Shallcross Hulme concluded that Reverend Hannellore Hoffmann failed to exercise reasonable care while carrying five-month-old Molly Erica Hoffmann Boland down the stairs.
    In his judgment delivered in the NSW Supreme Court on Tuesday, the judge said he was unpersuaded that parents, and other close relatives, "have no legal duty to exercise reasonable care when they undertake physical actions involving their children".
    Molly was seriously injured on January 25, 2006, when her maternal grandmother fell down the stairs while carrying her at a holiday cottage in Smiths Lake, near Forster, on the NSW mid-north coast.
    The infant was holidaying with her grandmother, her parents and other family members.
    Her father, Jason Boland, sued his mother-in-law on her behalf.
    Rev Hoffmann then cross-claimed against the holiday home owner, a building designer and others involved in the design and construction of the stairs.
    But Justice Hulme dismissed the claims against everyone, except the grandmother whom he found primarily responsible for the girl's injury.
    "The law has hesitated to complicate the parent/child relationships in a domestic setting with the law of negligence," he said.
    He noted Rev Hoffmann's lawyer could only refer him to one case where liability had been held to arise on facts comparable to this case.
    He found the lack of reasonable care included "where Reverend Hoffmann walked and the absence of reasonable illumination".
    The court heard Rev Hoffmann fell at about 5.30am - she'd offered to take Molly downstairs when the baby did not go back to sleep after her mother fed her.
    The grandmother asked her daughter to leave her bedside light on until she reached downstairs.
    Justice Hulme's judgment was only on liability and the issue of damages was not canvassed
    Link below to full article

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    Last edited by BH-bubhub; 17-12-2014 at 10:18.

  2. #2
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    That poor family

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    I would think that to get compensation they the insurance someone has to be sued even tho the insurance company pays iykwim

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    Wow.. I wonder if they already hated her or something. I couldn't imagine doing something like sue someone for dropping my baby accidentally.. unless they were drunk or something I suppose.. how awful.

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    Well I certainly don't think the parents should be liable for the head injuries - they didn't drop her

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    i seriously hope this is a case of insurance fraud...

    cause wow. i can't imagine leaving my children in the care of someone, whom i would sue if they were to have an accident while doing so :-/
    if i was happy to sue - i wouldn't be happy to have them care for the kids :-/

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    Quote Originally Posted by Benji View Post
    Well I certainly don't think the parents should be liable for the head injuries - they didn't drop her
    Does someone have to be "liable"? I don't understand how these things work.

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    It was an accident, I fail to see how someone has to take the blame. People fall down stairs all the time, sometimes with babies or toddlers in their arms. I've done it before with someone's toddler and it was only by chance I fell in a way that protected the little one and I took the brunt of it. Purely chance. I feel for the baby who was injured, the parents who would be so upset over their baby being hurt, and the grandmother who would feel so much guilt over hurting her grandchild and now the shock of being sued over it.

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    Quote Originally Posted by share a book View Post
    It was an accident, I fail to see how someone has to take the blame. People fall down stairs all the time, sometimes with babies or toddlers in their arms. I've done it before with someone's toddler and it was only by chance I fell in a way that protected the little one and I took the brunt of it. Purely chance. I feel for the baby who was injured, the parents who would be so upset over their baby being hurt, and the grandmother who would feel so much guilt over hurting her grandchild and now the shock of being sued over it.
    Me too I tripped down the stairs at daycare just last week with dd and all the staff saw shamefully. I managed to somehow protect her but I really hurt myself! The whole idea of litigation didn't enter my mind..

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    How dreadful.


 

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