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Accidental minor injuries in kids: how to prevent them?

Started by wiredcanyon55 · · 👁 4 views · 6 replies

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Participants wiredcanyon55Frank Walker7steelwalker26nimblelynx7Bradley Scott2
wiredcanyon55 wiredcanyon55 NewcomerOP
4 messages
joined Feb 2014
#1 ·
First off, hello everyone. I’ve run into a bit of a situation here, and I could use some perspective.

So, around 10:30 this morning, I was sitting in a local coffee shop over in Chicago, just trying to have my morning caffeine fix.
I’m just sitting there at my table, a newspaper spread out in front of me, sipping on a latte with a glass of water nearby. Everything seems perfectly normal.
Then, out of nowhere, I felt this sudden, sharp cramp seize up my leg—it yanked my pant leg downward. It wasn't even a major thing, but it caught me completely off guard. In a total reflex reaction, I jerked my leg out, and I ended up slamming right into this two-year-old kid. The child was apparently just left to "play" by his mother, who was sitting across the room chatting with a friend.

It was bad. I broke his nose, and because my sudden movement caused the table to tip, the poor kid actually fell headfirst onto the floor.

Naturally, all hell broke loose. There was screaming everywhere. The mother called her husband over, and he started getting aggressive, practically shoving me in front of everyone. Then the police showed up, and they took statements from everyone present.

What am I looking at here? Am I going to face criminal charges? If so, what would the charge even be?
They’ve already thrown around threats of a civil lawsuit, though honestly, that doesn't worry me nearly as much as the legal fallout.
Frank Walker7 Frank Walker7 Active Member
81 messages
joined Jul 2013
#2 ·
As long as you don't have a history of being aggressive, I really think you can stay totally relaxed through both criminal and civil proceedings.
It’s especially true if your kid just snuck up behind you while you were distracted by the morning news, causing you to flinch and accidentally bump into them—you can always just tell them you got spooked by a stray dog passing by.
Plus, there’s a level of responsibility on the other parent to keep an eye on where the little one is wandering off to.

It would be incredibly difficult for anyone to actually prove you're some kind of aggressor who goes around hitting toddlers just because they're being fussy.

I actually had a similar mishap a long time ago, though thankfully nothing came of it; a toddler about two or three years old was running through a crowd near me, and when I turned around for no particular reason, I ended up slamming my head right into his knee, which honestly could have broken my nose.
steelwalker26 steelwalker26 Active Member
58 messages
joined Jan 2019
#3 ·
A pretty nasty situation, sure, but ultimately just a hiccup. Just one thing—

Frank Walker7 said:As long as you don't have a history of being aggressive, I really think you can stay totally relaxed through both criminal and civil proceedings.
It’s especially true if your kid just snuck up behind you while you were distracted by the morning news, causing you to flinch and accidentally bump into them—you can always just tell them you got spooked by a stray dog passing by.
Plus, there’s a level of responsibility on the other parent to keep an eye on where the little one is wandering off to.

It would be incredibly difficult for anyone to actually prove you're some kind of aggressor who goes around hitting toddlers just because they're being fussy.

I actually had a similar mishap a long time ago, though thankfully nothing came of it; a toddler about two or three years old was running through a crowd near me, and when I turned around for no particular reason, I ended up slamming my head right into his knee, which honestly could have broken my nose.

Don't even go there. If we're talking about a reflex, like you described, we're talking about an involuntary physical response—a muscle twitch in a fraction of a second. There isn't any time for conscious thought or assessing threats in that window.
nimblelynx7 nimblelynx7 Regular
336 messages
joined Jul 2016
#4 ·
I doubt there’ll be any fallout, just a stupid accident. Though, you'll probably end up facing a judge.

If we're looking for someone to blame, I'd say it falls on the mother. Kids have no business being in a delivery room, specifically because of situations like this. If anyone decides to file charges against her—and I think there's enough evidence here for that—she might try to shift the heat onto the OP in her defense. But honestly? It won't work, especially if she doesn't have a history of violence or anything of the sort.
wiredcanyon55 wiredcanyon55 NewcomerOP
4 messages
joined Feb 2014
#5 ·
Thankfully, I don't have a rap sheet—and I say that with all due respect to the law, because even if I did, I don't think my criminal record would change a single thing about this situation. In my eyes, I’m completely blameless here regardless of what my file says at the precinct.

I suppose I’m just looking for some guidance here. Should I just sit tight and wait for them to make a move, or would it be more strategic to get ahead of the curve and file a private lawsuit against them preemptively?
What would I even sue them for? The kid's father actually shoved me right in front of everyone there—he didn't actually strike me, mind you—but I have witnesses who saw the whole thing. I wonder if there's any way to leverage that somehow?

Is it possible that too much time has already slipped by for me to report this?
steelwalker26 steelwalker26 Active Member
58 messages
joined Jan 2019
#6 ·
If I were in your shoes, I wouldn’t bother filing those "preemptive" lawsuits. For one thing, I don't think they actually prevent anything.

The real fault lies with the mother for failing to watch her child—at an age where you shouldn't take your eyes off them for a second, regardless of the setting. That said, the other parent’s reaction—likely acting out of pure shock because they had no idea what even happened—is just as much a knee-jerk reflex as yours is.

Once the dust settles, they’ll probably realize who was actually at fault here. If they don't, and they decide to sue you, you can defend yourself easily; just make sure you document every detail and witness. I’d also photograph the scene to clarify everyone's positioning later on. Honestly, though, I doubt it'll come to that. No sane lawyer would touch a case like this.

On the flip side, it isn't too late to file a police report. It might actually be worth doing, even if you mentioned they already took statements?
Bradley Scott2 Bradley Scott2 Member
32 messages
joined Jul 2014
#7 ·
wiredcanyon55 said:Thankfully, I don't have a rap sheet—and I say that with all due respect to the law, because even if I did, I don't think my criminal record would change a single thing about this situation. In my eyes, I’m completely blameless here regardless of what my file says at the precinct.

I suppose I’m just looking for some guidance here. Should I just sit tight and wait for them to make a move, or would it be more strategic to get ahead of the curve and file a private lawsuit against them preemptively?
What would I even sue them for? The kid's father actually shoved me right in front of everyone there—he didn't actually strike me, mind you—but I have witnesses who saw the whole thing. I wonder if there's any way to leverage that somehow?

Is it possible that too much time has already slipped by for me to report this?

I doubt anyone will actually file a complaint against you unless those parents are incredibly persistent.
This was just a silly accident, and there wasn't even a hint that you intended to hurt anyone.
You just reacted out of fear because you thought a dog was tripping you up.

A two-year-old definitely shouldn't be running around under people's tables at a pub, and the parents could actually face a report to NASA for that. Either way, their responsibility outweighs yours by far.

Even if this ends up in court, your main defense should focus on the parents' negligence in supervising their child.
"Parents failed to ensure the child's safety" has become a universal rule.

Should I wait for them to act, or would it be smarter to preemptively file a private lawsuit against them?

Don't file a lawsuit. Instead, tell them that if they insist on pursuing legal action, you'll report their lack of supervision to Child Protective Services. They probably already realized their mistake, especially if the police mentioned it to them.

What would I even sue for? The father shoved me in front of everyone (he didn't hit me), and I have witnesses. Maybe I should use that somehow?

That's aggressive behavior and a threat, regardless. It speaks volumes about the father's character. But honestly, I don't see how pursuing that would benefit you.

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