Accident Report?

Updated on July 05, 2012
A.B. asks from Dallas, TX
16 answers

Sunday night I took my 4 1/2 yr old daughter and our dog to a slashground at an outdoor mall. I'm diligent about watching my child, but some parents drop their kids off and sit on the patio of a restaurant there drinking (and not minding their kids very much). My daughter had just gone into the fountain, and I saw a boy a few years older than her appear to push her or run into her and then keep going. It irked me because it was clearly a hard push or something. However, she's tough as nails and didn't fall down and ran a few more feet. With the darkness, water and colored fountain lights, I didn't get a a good look at the whole incident. Hiowever, my daughter turned around and came cryint to me. As she approached, I thought he'd made her nose bleed because there was blood near her nose and on her neck. I said, "'Hey, what did that boy do to you?!?" She said, "He hit me with something!" With that, she tturned her head to reveal blood pouring down her face to her neck and chest I grabbed a beach towel and began applying pressure as I screamed, "That kid did something to my daughter! She's bleeding like crazy! That kid hurt her!" Fortunately, there was a nurse near us who rushed over as I tried to locate the source of the blood. She looked and said, "she's cut pretty bad, you need to get her to the ER now. We're looking up the nearest hospital for your right now." Thank God this lady helped me not only pack up and find the closest hospital, but she rode with me applying pressure to my daugther's forehead and helped me get her inside. (While I drove I called a friend to come get the dog. Thank heavens for remote start which allowed me to keep the car's a/c going until he arived.) We were perplexed about what the kid hit my daughter with, as it made a very clean, deep cut, like a razor or something. My daughter required 10 stitches to close the gash above her eye, and the doctor says it will definitely scar. Once the stitches are out, I'll have to use Mederma on it as well as a high SPF sunscreen (as they say the scar willl darken with sun exposure). It'll probably be a year before we know if plastic surgery is necessary, although I am going to consult her pediatrician about a referral to a pediatric plastic surgeon for consultation. She's also developing a big black eye. The injury was pretty significant; it's lucky it didn't damage her eye. When she was all stitched up, my daughter kept whimpering, "that boy didn't even say 'sorry'."

After we got home, the lady who helped me checked on us and said that her husband told her that he saw some boys playing with toy nunchuks. (What kind of parents let their kids bring that type of "toy" into a recreational setting with other kids?!?) So, that is most likely what cut my daughter. The kid was nowhere to be found when my bloody daughter came over nor was anyone who appeared to be his parent. In the need to get care for my daughter, I did not have time to pursue locating the kid or his parents.

I know that normally if someone is injured at a mall, in a business, etc. that their management/security would insist on taking an accident report. Last night there was no time to do that. I'm sure the area is under video survellience, and they probably have the incident on tape. Should I notify the splash ground management of what happened and file an accident report with them? I'm not looking for them to be in any way responisible. I don't think they have liability, and I believe that we assumed the risk of using the splashground. I have health insurance and will pay the patient portions of her care. Even though I'm not looking for the spashground to be financially responsible, I'm wondering if they need to be made aware of the incident. Thoughts?

Separately, the person who helped with my daughter gave me her name and cell #. I'd like to send some type of thank you, but I don't have her info. Is there a way to ask for her info without saying "so I can send you something?" Or is expressing my extreme apprciation enough? Thoughts?

The wound has oozed blood much of the night, so my daughter's face is quite the mess right now. She was scared to go to sleep and willed herself to stay awake until almost 2a.m. (we got home from the hospital at 11:30pm). So, it's been a looong night.

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So What Happened?

Thank you for the responses. I'm calling the splash ground office this morning to file a report with them. I'm sure they have a survellience tape, but there's probably no way to identify who the child was. My daughter did immediately say she was hit with something, and she wasn't able to tell us what it was. If she was hit with a nunchuck, it would make sense that she did not know what it was (as she wouldn't have ever seen it before). They were both running, so I know accidents can happen that way. However, I did see him with his arms straight out as he rran into her (like when a kid means to push another kid) and her lurching backwars, which isn't the same as a couple kids running into each other. In that case, they both would generally be hurt or fall forward vs backwards. The other child was 7-8 yrs old so not old enough to understand the danger, but his parents were. It happened way too fast for a child to have gone from full speed forging ahead to totally packed and gone. There kids there from about 18 months through about age 10-12...lots of little kids. It could've been much worse for my daughter, and it also could have been a much younger child who got hurt. The ER doctor considered the cut unuusual because it sliced her face so cleanly where a typical fall or other type of cut would have more jagged edges from the skin being torn vs. sliced.

Update:
I filed a report with the management and security of the splash ground, and they honestly could not be any nicer. They have video and are going through it to see if they can find out exactly what happend. With the darkness, the colored lighs and the water, they don't know how clear the incident will be. However, they are going to try to find out what they can.

My daughter is doing pretty well. She scratched the wound Tuesday, and it bled. I thought she'd lost two stitches, so I had the dr check her. They cleaned the wound and said it is healing well. Fortunately, the stitches were still intact, too.

Update:
Well, it's a good thing that I did in file an accident report. My health insurance had to pay out $2,000 for the stitches. SInce my health insurance has subrogation rights, they are insisting that they are going to ask the splash ground to repay them thheir expenses. I told my health insurance (and also the splash ground's insurance carrier) that I don't think the splash ground did anything wrong or has any liability in this situation. I do NOT support my health insurance trying to get the money from the splash ground, but I also have no control over it. I'm irked at my health insurance, but I've been honest with all parties...I don't think it's the splash ground's faullt,, and my health insurance collects a pretty penny to provide coverage for my daughter and me.

Featured Answers

J.M.

answers from Philadelphia on

i am so sorry=(
i dont have any advice but wanted to let you know at 3 my daughter got bit in the face and required 7 stitches and at 5 it is J. a dot. as they grow the scar get's tinier. she has one on her chin, you couldnt see unless you knew where it was and then her lip was tore in half from the dog bite, as was the area all bove her lip and it is a very small mark now.

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G.B.

answers from Oklahoma City on

Oh my stars!!!

I would call the police right now and file an official report. They may know these kids, may have had numerous reports on them being there before.

When our house was broken into they sat on the deck and drank a pop, they did all kinds of things in the house too. There were plenty of fingerprints. They sheriff took all the information and did fingerprints. They found the small motorcycle in an abandoned building a few miles from our house. They knew exactly who did it. The report was just another in a long line of reports from our section of the county.

The mall should also know. I would want to see the video surveillance so I could see what it was, for goodness sake it could have been a knife. They could have done much worse.

I guess my point is I would make sure every agency possible knew there was bodily injury and that you observed this or that happening. They might know who it is and be able to prevent someone else from getting hurt again.

4 moms found this helpful
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R.K.

answers from Appleton on

I am so sorry this happened to your child.

I would file a police report and a report with Mall Security and with the corporate office for the mall, that way all of your bases are covered. Hopefully they do have the incident in tape and can see what actually happened to your child. Not only for your peace of mind but to protect all children from this type of attack.

4 moms found this helpful

M.B.

answers from Tampa on

I think you should notify them as well. HOWEVER I think you might be jumping to conclusions. You didn't see what happened it may not had even been the same boy that was pushing your daughter. It may have not been any weapon used. See if they have a tape you can watch and go from there. I'm only saying this because my son was accused of hurting a child at a similar place and once survalance tapes were reviewed my son had nothing to do with what happened dispite the injured child saying he did it. But I'm glad your daughter will be ok.

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E.T.

answers from Albuquerque on

Yes, I would contact the splash place and the local police. Let the police work with the splash place to review the video and determine what happened (if they can tell). There may be other incidents with this child, or other accidents - knowing about yours may help them change their policies and make this safer in the future.

As for the lovely lady who helped, think of something you'd like to give her (a gift card, basket of flowers, etc.) and call to tell her you have something and would like to drop it off. If you call and ask if you can send something she'll say no.

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T.M.

answers from Tampa on

Man, that is a horrible situation. Yes, I do think that you should call and notify the splashground of the accident. I don't think that they are necessarily liable, but it would be good to document the incident. Too bad that you couldn't figure out which kid this was and make a stink to the parents about it. I completely understand why there was no time to do this, but it sucks that your child got hurt so badly because they were not parenting their child.

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K.S.

answers from Minneapolis on

I do think you should file a report. My main goal in doing so would be to make the management aware that kids are bringing dangerous items into the splash area. It would benefit them to ban all toys and objects in the splash area just like water parks do. Accidents happen but this one was avoidable with some better policies. Hugs to you and your daughter.

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P.N.

answers from Denver on

I can't imagine anything like a laceration of that size happening without there being some kind of weapon involved. And whether your daughter was also running or not doesn't seem to be the issue. Common courtesy should have taught the other child that if you hit someone or run into them (especially a child as young as 4), that you turn and see if they are okay. That's a parent's job to teach that, and then watch to be sure their child is learning that common courtesy.
You definitely need to contact the place where it happened. Insist on reviewing the security tapes with them, and if it appears that this was a deliberate act, involve the police.

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J.D.

answers from Burlington on

you need to not only notify the splash ground people and file an accident/incident report but you also need to fine the parents of this boy on their security video. they NEED to know what their not supervising their child has caused. as well as that kid should be punished big time. I'm FURIOUS right now and it didn't even happen to my kid. you be firm and take control of this situation, for your daughter.

1 mom found this helpful

J.W.

answers from St. Louis on

It could have been anything and it could have been a lot of things that would look harmless. It sounds like the kid was running but it also sounds like your daughter was running, and it was dark and they collided. His mom may have called him so he wasn't looking back. He may not have realized what happened nor his parents and they packed up and left.

Just saying that so you don't assume you are the victim of a bad kid. He may have been, he may not, ya know?

I do think you should call the mall because they may want to change their rules about taking objects into the area. Any object can do the damage you are talking about, even the plastic seams on most water toys. I would imagine kids run into each other all the time there, it probably isn't a good idea to add to the disorder by bringing toys into the mix.

1 mom found this helpful

B.C.

answers from Norfolk on

I would get the police involved as well as mall security.
Nunchucks are not sharp weapons, but they are weapons.
My son uses the padded kind in taekwondo and I've see the un-padded kind which are hard wood.
It's like being hit with a stick - but there are no sharp edges.
It might have been something else, or maybe they've been modified somehow.
In some areas, gangs start recruiting at 7 yrs old at playgrounds, and even with such young kids - they get pretty violent very quickly.
The police can work on it and figure it out.
It's a real shame a public area that's meant to be fun for the kids has some creep running around injuring people.
I take that back - it's not a shame - it's a crime.
Treat it as such.
And if you have to make lawsuit noises at the mall in order for them to beef up their security, then do it.
Other kids besides your daughter could get hurt.

1 mom found this helpful
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A.H.

answers from Omaha on

How awful! I am glad your daughter is going to be alright, but my word! I would contact the splashground to let them know what happened. One time I fell at Walmart when I was about 7 months pregnant. I actually left the store, but turned around at the advice of my brother (he is an attorney). He said it is always a good idea to leave a paper trail just in case. My doctor even demanded that I go to the ER to be checked out. I was fine and all is well, but still have all the proper paperwork filed just in case anything more would happen come of this.
At any rate, the park may need to establish some better safety guidelines. Perhaps more lighting at night and definitely no sharp objects permitted in the play area!
As far as the nice nurse that helped you, I think expressing your appreciation is enough (since you don't have an address to send something). She sounds like the type of person that gains satisfaction from being the act of being helpful in itself, not for the off chance someone is going to buy her something. I think she would appreciate the call and a follow up on how your daughter is doing. God Bless and I hope your daughter's physical and emotional wounds heal quickly!
HTH,
A.

1 mom found this helpful

T.M.

answers from Redding on

I'd contact the splash park and ask if they do in fact have a surveillance film available for the hours you were there, if so, watch it and see if you can really see what happened.
How scary!

I'm not sure you will find any solid liability tho, chances are you wont since it is sort of a "play at your own risk" sort of venue.

It's awful when one minute you are having fun and a moment later you are headed to the ER!

Definitely be thankful the cut was above the eye, it could have been a lot worse!

1 mom found this helpful

L.A.

answers from Austin on

Yes, file a report with the police and inform the mall.

Do NOT make assumptions. Let them know exactly what happened as you witnessed it. Then what the hospital said. .

They will speak with your daughter.

And then give them the name of the person that saw the num-chuks

It will be on file and they can decide if they will investigate or not.. Who knows, may be some other people that reported behaviors from that night also.

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H.M.

answers from Dallas on

I am so glad you filed a report. They need to be more aware that parents are just leaving children unattended. That is not ok. We have one of those places near us and I don't like my kids play in it cause there is just too many kids out there running around like crazy people. I am so sorry that she got hurt I hope that she heals quickly!!!!

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L.P.

answers from Dallas on

So sorry this happened and how scary!! I agree you need to call the management of the splash park.

As for a plastic surgeon I was going to suggest Dr Brdford. After at Medical Center Plano. Love him. Our son ended up back in the ER with an infected cut on his ear and Dr Bader treated him. Great bedside manner with kids. He's an ENT and plastic surgeon.

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