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  1. #11
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    Quote Originally Posted by bumMum View Post
    Does someone have to be "liable"? I don't understand how these things work.

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    I can only assume that there are medical bills. I think the person who caused the accident (aka the grandma) should be liable for medical bills as a result of this. I just can't see why the parents should be liable to pay them?

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    Quote Originally Posted by Benji View Post
    I can only assume that there are medical bills. I think the person who caused the accident (aka the grandma) should be liable for medical bills as a result of this. I just can't see why the parents should be liable to pay them?
    Yes that's true.. I just imagined that it was all free.

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    Quote Originally Posted by bumMum View Post
    Yes that's true.. I just imagined that it was all free.

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    I would imagine that docs become involved if a young child suffers head injuries, too. The parents shouldn't be held accountable with them either when it wasn't their fault. Actually I guess it's nobody's fault per se because it was an accident, but if medical expenses are incurred and docs are involved, it should be the person who dropped the baby who is liable, that just seems normal to me.

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    There are no winners in this situation.

    I do think that suing the grandma is fairly extreme though - I wonder just how much the medical bills amounted to?

  5. #15
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    Really, nobody should be liable. Unless the grandmother fell intentionally which is highly unlikely. It's an accident.

    Imagine how horrible the grandmother must feel anyway... then her family goes and sues her. What jerks.

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  7. #16
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    If there was negligence involved it wasn't an 'accident' where no one is liable. If granny walked down the stairs with bub and insufficient lighting then that's her fault. If she dropped bub after drinking that would be her fault too.

    It looks like the judge found negligence in this case.

    I agree it's a bit funny suing, but perhaps that's what needed to be done so the child could get compensation.

  8. #17
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    Quote Originally Posted by SassyMummy View Post
    Really, nobody should be liable. Unless the grandmother fell intentionally which is highly unlikely. It's an accident.

    Imagine how horrible the grandmother must feel anyway... then her family goes and sues her. What jerks.
    Is it jerky to do what you need to do to provide medical care for your child?

    Especially when insurance is involved?

    Sure, it's confronting when you read the news article that way but when you think about what the result means for the child?

  9. #18
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    I remember when this happened, so, so heartbreaking for ALL invloved.

    From memory, it turned litigious when the parents felt that they needed to pay current and future medical expenses which had/will occur as a result of this unfortunate accident.

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    It's difficult, because if the baby was dropped by a paid childcarer, I'm sure most parents would proceed on behalf of the child if there were permanent injuries.

    It would be interesting to know the whole story, as to whether they had to add the grandmother in order to get to the other parties mentioned in the article.

    I agree with the basic principle that people should be liable for their actions, but I think there should be some public policy reason to free unpaid carers from liability. Maybe...I'm undecided.

    I don't know; it's a difficult one. Although injured people under our current system are almost forced to look for somebody to sue, as there is no satisfactory public system if you're injured and can't work, which is what the NDIS is trying to address - to change the current disability lottery system.
    Last edited by MsMummy; 29-05-2012 at 18:41.

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  12. #20
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    Quote Originally Posted by Uniquey View Post
    I remember when this happened, so, so heartbreaking for ALL invloved.

    From memory, it turned litigious when the parents felt that they needed to pay current and future medical expenses which had/will occur as a result of this unfortunate accident.
    This is what I was thinking, and it is tragic for everybody involved. It would be so much fairer if people didn't have to sue to be compensated for their children. Depending on how bad the head injuries are, they could have medical bills for the rest of their lives.

    I was thinking it would be like a car accident. I borrow your car and I have an accident. I didn't mean to, I feel bad. But I had the accident so I'm accountable, not the owner of the car.


 

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