Accidents In Public Places.... What Do You Do?
By Darkwing
@Darkwing (21583)
May 27, 2007 9:13am CST
I responded a short while ago to a discussion where a lady's daughter had visited a safari park, and on playing in a children's play area, sustained injuries, by falling onto unprotected concrete, at the bottom of a dark tube on a climbing frame. This is neglect, on the part of both the safari park management and the Health and Safety Department, for not inspecting the area and declaring it safe. The little girl quite badly injured her leg, but this could have been far, far worse, had the child been smaller. So what would you do, in that situation?
Another instance, which happened to me. I went to KFC at lunchtime with a work colleague, bought my meal and we sat in the corner behind the Mall doors. There were double doors at either end, both pulled wide open, the others opening onto an outside car park. It was raining and windy, and suddenly, a gust of wind which swept across the car park, tunnelled through the KFC, and slammed the Mall doors shut, the vibration of this bringing down a ceiling tile, quite large in size, with a light fitting in it. This tile fell onto my shoulder and arm, and sent pieces of debris into my food. So, with no hesitation, or once over the initial shock, I took my meal to the counter and told them what happened and asked what their safety procedures were.
They were all fussing around me... my shoulder and arm were really hurting, so they produced an accident report form. My work colleague filled this in for me, as I spoke the answers, and the manager signed the form, gave me a copy, in case of any resulting disability or time off work, and they gave us both another meal, plus our money back. Fortunately, there was no real injury, although I was in mild shock for most of the afternoon, but had there been... I felt safe that I was covered. I filed the copy of the accident report and still have it to this day.
Would you have considered this adequate safety procedure and cover by KFC? Also, what about the Health and Safety at the safari park. I think I would demand from the management that they give me back my money, give me an accident report form, and I would visit my child's doctor, for a report on the injuries. Then, I would go to the Health and Safety Department with all this, and demand that they check the safari park's play areas and have them made safe. Do you exercise your rights in a similar situation, in case of severe disability at a later time, or in case of accidents to others, who might not be so lucky as you have been? What do you consider are your rights, and what would you do?
3 people like this
9 responses
@shelagh77 (3643)
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27 May 07
An accident is just that - an accident, I am afraid.
All necessary precautions can be taken but metal fatigue, a part working loose through time or because of exceptionally hot weather, children just being children in what is supposed to be a safe area, even people such as myself being clumsy, there is no way that every single accident could be prevented.
I think you can do a lot to protect yourself by being aware in your environment, which IS a drag when you are supposed to be enjoying yourself, keeping a weather eye out for people rushing about, particularly kiddies with large wooden or metal toys flailing about, or elderly gentlemen with their regimental walking sticks.
I personally check for the location of all fire exits etc and note any first aid boxes I see as a matter of course, and I am prepared for a stand up argument with my children (niece and nephew) if I do not think an activity looks safe.
Not wishing to take anything away from the fact that the park should have checked that the dark tunnel landed softly, I would not have allowed my children on there at all.
I am not a habitual letter writer but should I notice anything really unsafe I always write to the firm advising them of this hazzard.
As to the ceiling tiles in KFC I don't think they could really have foreseen that one, but I would be willing to bet that they have overhauled the ceilings in every outlet just to be sure. Although you were actually lucky you got away relatively lightly, you could have sustained a fracture or even suffered a heart attack or neck injury with a shock like that, it was even luckier that nobody had their hand near the door coming in or out . . .
I must admit that nowadays I would always follow a compensation procedure because the fear of a court case and resultant publicity is about the only way to kick start some firms into gear.
While you are checking out your safety, do you check out the cleanliness of the trays etc? Sometimes they are minging!
@Darkwing (21583)
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27 May 07
LMPO... why did you repaste my reply! ha ha ha
That's what discussions are about, my friend... one doesn't always agree with the next person to give their opinion and to my mind, that keeps the threads going.
As for vandals, I would think there should be some security personnel on the grounds most of the time and they would notice any such action to remove soft cushioning from apparatus, surely. Come to that, it could be fixed in some way. There's ways round most things, and although you can't foresee everything, Health and Safety demand that you abide by their legislations, otherwise you can be fined by them, also, if not closed down. So... I still say it's on both their heads, I'm afraid. Stubborn, aren't I? he he he.
Agreed, the KFC staff couln't foresee the wind, but it stands to reason on an extremely blustery day that when you have two double doors open, at opposite ends of the building, it creates a funnel for wind. Agreed, customers could have pushed the door till it fixed open, but then, cleaning staff could take 30 seconds to close the door, even if only for the comfort of customers. Yes, I was very lucky, but it could have been a lot worse, especially for a child or elderly person, whether they could see it or not, KFC would have been responsible.
Sorry about that my friend, but it's like overcrowding a disco when you know there's inadequate escape routes from fire. You HAVE to foresee these things, or you're closed down. They have enough guidelines to follow.
Coming to yours, is different. I enter at my own risk... but after the flying cake and Gabs with the birds, I'm a bit more apprehensive about next time! ha ha ha
@deeeky (3667)
• Edinburgh, Scotland
28 May 07
With so many regulations on health and safety it up to the proprietors to make sure that thier own staff and family could be under the same danger and treat the regulations with the same respect. Some proprietors seem to think that they are above the public and that attitude will (and does) lose them custom.
1 person likes this
@Darkwing (21583)
•
28 May 07
Yes, you're quite right. They should be put out of business on discover of such ignorance of Health and Safety regulations. However, I know the Health and Safety officials go around checking to see that their laws are upheld, so they have to be partly responsible.
It's scary when you think about it, huh?
@gardengrrl (1445)
• United States
27 May 07
Most retailers would prefer customers report any accident on their premises, for insurance reasons. I report unsafe conditions that I see, and document any accident I have that yields more than a small bump. You were right to report the tile falling on you, because you can't know if you'll wake up 3 days later with a pinched nerve or something, you may need help with dr. bills in a case like that. Plus, they may want to look at whether the ceiling tiles are old and no longer fit tightly in their brackets and whatnot.
We've been fortunate here in the US, parents started banding together to make playgrounds safer over a decade ago, so most of them now have proper safety mulch under the equipment and all around it. Injuries are down quite a bit since the bad old "concrete jungle-gym" days!
As far as safari or amusement parks, local safety codes have required soft landing surfaces around all play equipment for some time, too. In the case you reported, I would definitely start making calls to the right regulatory authorities, and media outlets if necessary, to make them create a proper soft landing zone around any play equipment. I don't have kids, but it's in everyone's best interest to keep someone else's from getting hurt. Takes a village to raise a child, and all that stuff.
1 person likes this
@Darkwing (21583)
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27 May 07
I agree with you on just about every point you've made, and you made them so well, Gardengrrl, that I doubt I can add anything much to them.
The lady whose child was hurt, is from Canada, so although I don't know about their legislations regarding Health and Safety, I would have thought perhaps, that they would be on a par with yours, or at least ours, in England. We, like you, have had soft landing zones be made an essential additive around play areas; these including foam-filled plastic cushioning, chip bark and a rubberised tarmac, which gives when you walk or fall on it. So, I can't understand how a big, attractive place like a safari park, doesn't have this vital requirement.
I'm so pleased with your response, and everybody else's here, that I'm awarding plus ratings to all of you. This has turned out to be an exceptional discussion, thanks to all those who have participated.
Thank you for your input, Gardengrrl. It's very valuable knowledge. Brightest Blessings for a safe and great holiday weekend.
@mummymo (23706)
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27 May 07
Great questions Darkwing honey! As a former proffessional in child care I always notice when things are unsafe I point them out to whomever is in charge or if it is in a public place I call and follow up with a letter (if neccessary) and if I go back and nothing has changed I would then call the councils environmental health and report it - I get really upset with people taking unneccesary risks with the health and wellbeing of others , more so when they know that there is a problem! I think that if anything happened to either of my kids that was due to a problem I would either demand an accident report or write down the details and get a staff member to sign it , that way you would have proof that the company responsible knew of the problem!
2 people like this
@mummymo (23706)
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27 May 07
It makes it so much worse when there is obviously neglect that results in a child being injured, in a place created just for children! If there were other adults there I would have asked them to take photos wile I tended my child - I would also demand that senior management handled a complaint and would consider hiring a lawyer to at least make sure that both regulator and owner did something about the danger! xxx
@spiderdollar (298)
• India
28 May 07
I think being a good citizen it is our responsiblity to stand against such neglegted authority whose negligency results in severe harm to some people.We should gather together and respond with firm so that immediate changes are made by the authority.It si our duty also to stand by the person affected in the name of humanity at laest.Health and safety are our prime rights and we should not be scared to fight for them!
1 person likes this
@netbuster (99)
• India
28 May 07
The best way to avoid such accidents especially if it's a park would be to find a patron to run the park for the authorities. Like we have a park where I live which is so popular and everybody from the very young to the very old flock the park from 7:00 a.m. to 8:00 p.m. everyday. There is a record book kept to report any accident (none reported so far) and there are awareness groups which suggest improvement and upkeep tips. All this works because the park is maintained by a private company which allocates a good budget for the upkeep of the park. There are no reported accidents because people happily take care of each other and consider this their own park. At the same time, the company keeps a log of preventive maintenance and dedicated gardeners maintain the lawns and greenery.
@kayrod2 (1304)
• Australia
28 May 07
I cant understand how the safari park could have their play area unprotected. You should be able to let your children play on equipment and expect that it is up to a certain standard. They should be investigated by health and safety department and be made to have their park up to safety standards and the girls family should get some form of reimbursement. I do hope the little girl is alright. As for the mishap at kfc, i hope you are alright now, and i would of been in shock too. I think that they were right in the way that they acted, with making sure you were alright and doing an accident report. I believe that this should always be done. I am not in to people suing for every little thing, as some things are purely accidents and there is too much suing going on these days. But i think there are safety rules that nee to be followed and if they arent then something needs to be done.
Best wishes
@mukulchandhok (30)
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28 May 07
Accidents in public places are very common however this has been noticed at times that the people standing there do not help thevictim and keeps on standing there without helping the victim.