Daughter Injured at Museum -- Legal Recourse?

The museum appears to be taking responsibility for the accident. If your daughter is ok and your medical bills are paid for, it really would seem to me like you're just trying to make some money off the incident. If your true intention is to make sure the same thing doesn't happen to another child, you could set up an appointment to meet with the museum administration to discuss the issue. Accidents happen. Fortunately your daughter was not hurt too badly. I don't think sueing the museum sets a great example for your kids. By sueing and dwelling on the incident you're teaching them to respond to life events in pretty dramatic fashion. I really don't intend to sound harsh, but you asked for opinions. I'm sure you and your kids will recover from the "trauma" of the incident relatively quickly. A good analogy is how you respond when your toddler falls down. You can respond dramatically as if they've really hurt themselves and carry on about it while they proceed to wail, or tell them they're OK, brush them off, and help them get up and moving again. Best of luck whatever you decide is the right thing to do.

K.,
I'm sorry that I offended you. I am sometimes way too blunt for my own good and I don't always have a great "filter" for what I'm thinking before I say it. I would have honestly said (right or wrong) the same thing to a close friend. I've had people say things that offended me a few times here on mamasource and it was very irritating. But I also realize this is a place where I can and will get different opinions and points of view; some that I don't agree with. I obviously misinterpreted your posting; it seemed to me like you were still on the fence about taking legal action. Above all I want to support other women and moms in particular. My apologies again for offending you.

It sounds like the Museum did everything they could to take care of you and continue to take care of you. Looking for a lawsuit opportunity out of this will only cost you time and money that you probably don't have and would be out of greed. Your daughter is fine and even in this letter, you don't sound too traumatized. If you truly want some good to come out of this, then talk to the Management of the Museum to get them to ensure that this never happens again.

I'm in insurance. Inform YOUR health insurance company of the situation. They should pay your bills in full, then go after the museum's insurance company (subrogate) to get their costs erimbursed.

Now, if you are wanting to sue for damages this could and probably will take up to 2 years. Be aware of that straight up. Get yourself an injury lawyer. These lawyers should not charge anything but 1/3 of the settlement or award you receive. The 2nd 1/3 will go to the insurance company for the bills they paid, and the last 1/3 will go to you for "damages"

We had a situation like this for a broken ankle (my husband) and the last day of the 2 year period, their company finally settled with us. Long and drawn out process, but was worth it.

Long story short, get yourself an injury lawyer.

K. -

You sound like you are trying to make something off of the accident. I'm not sure where we stopped believing that accidents happen every day- to believing that "someone should always pay" when things happen. It sounds like they are going to cover your medical bills - what more do you want? What would you do if your child got injured at home and had to have staples? Who would you collect from for the "trauma" to everyone. If you are truly only interested in making sure that it doesn't happen to someone else- then ask to meet with someone - or ask for a follow up on their resolution to the situation. Don't hire a lawyer - because that is not necessarily what they will be interested in. They'll be interested in how much they can get the Museum to settle for - as they will get 1/3 of it.

Sorry if this sounds harsh - but accidents do happen.

It's good to hear your daughter is okay and the staff there was very prompt and attentive to her until the situation was corrected! Please do not sue over something that was a simple accident!! It's frivilous lawsuits that cause the general public's cost to go up!! I think you have every right to request they pay at least a portion of the medical expenses related to the incident... and you definitely should request they take the steps to make that exhibit safer for young children! Good luck.

Hi K.
I'm aghast also, how people responded to you. It seems like just because they are anonymous and online, they feel they can lash out and be rude. Unfortunately, this is not the first time that I've read very rude, sharp responses. These people would not be rude if they were face to face with you, I can assure you that!
I agree with Kim and good luck on Monday.
By the way, working in medicine, I've removed many staples from toddlers and kids; it's very painless, fast, and easy. I'm so sorry for the hell you went through in the ER.

I agree with Kim also. I used to be a personal injury attorney and our cases were much weaker (in fact my ex-firm would LOVE this case, but I don't recommend them). Dependnig on your time and money, you can get a lawyer. They don't necessarily file the case in court. Usually, they try to settle the case without filing. Of course if the Defendant doesn't want to settle, then you may have to file and the cost goes up. Another alternative option is to try to settle with them yourself. Do not sign any release forms until all the medical care is done. Usually, you would ask for 1/3 (or 1/2) of the total medical bills for pain and suffering, which in this case your daughter definitely has. The statute of limitations in this case is longer than for adults. I'd have to look it up. I don't think you'd be trying to make money off you kid. If she truly was hurt she should be compensated, plus it would be $ for college or sth. :)
Not sure where you live but I do know a good lawyer in the north suburbs. email me for his info. ____@____.com
I have to find it since I'm SAHM and got to feed my girl.

Your poor little girl!!

I'm not thinking that this is worth a personal injury attorney. Nicole had some pretty sound advice.

Good luck!

I just wanted to add, thank you for your concern for other kids. My son got a pretty bad gash from an unsafe toy box with sharp edges - in his pediatrician's office! - and even though everyone in the office knew what had happened, when we returned a month later for another visit, the same toy box was still there. As a parent you think that other adults, when something obviously unsafe is pointed out, will remove the unsafe thing, but as that experience showed me even the doctor who had to bandage the wound didn't take it all that seriously, obviously (when I complained the second time, they did replace the unsafe toy box.)

I'm sorry that a fun day was ruined, and also sorry that you got some hostile responses here. Good luck!

Oh boy do I have a similar story. In February I cut my head open at the health club. My fault not theirs. I was totally prepared to pay for the injury myself. My insurance called me a week or so later asking lots of questions about the injury. Well I did not have to pay a dime ( they called the healthclub and worked it out). My healthclub took care of everything. I bet it will turn out the same for you. I dont think you are looking for a big settlement or anything, just cover medical costs. I would call your insurance company and see what they have to say.

I am really surprised that the museum did not call you an ambulance?

People are very sue happy now a days but you need to make the decision that fits best for you. If your main concern is the museum taking care of the problem and them taking care of the medical bills I would start with giving the management a call and let them know that you would like to know what they are doing to prevent further injuries and what should you expect as far as medical compensation. You might find they are already on the way to taking care of the problem.

You probably do have a case to get additional money but my personal belief is that sueing for additional money does is cause everyone else to pay more. Someone finds out you get a lot of money then they will sue a place and so on and so on. It is a vicious cycle and I believe people should be held accountable but my expectations of what accountable means is different from others expectations. Life can be tragic and we cannot sue everyone that causes us mental anguish even though some people do deserve to pay greatly for the anguish they cause us.

The response I read that stated that the kids could get therapy for the incident actaully isn't a bad ideal. It could help them deal with it and not be terrified to enjoy themselves in a similar situation. The other good one is not to sign anything until your sure that every bill is taken care of. Every situation where the hospital is concerned they will want you to sign something so there is no further action. You do need to make sure everything is taken care of before you sign anything. You might not want extra cash but you can not be naive either about not getting enough to cover all medical bills.

K.,

I don't have the time to read the other responses as we're getting ready to go out shortly. So sorry if I repeat some of the advice.

I've worked in the insurance field for over 17 years (since I was in high school). You absolutely have a right to have your medical bills taken care of! The Museum did the right thing by contacting their insurance company to put them on notice of a claim. They not only know there's responsibility on their part, but they have to notify their insurance company ASAP as part of their insurance contract.

That being said, get all of your bills together, write up a detailed description of what happened and get back in contact with the representative of the insurance company that called you. At this point, I'm assuming it was the claims adjustor for the museum. That's the person that will get your medical bills reimbursed for you. She may take a recorded statement and will want the bills to know what to reimburse you for. If you put the medical bills through with your Health Insurance Carrier, please tell the adjustor this as they will have to reimburse your health carrier.

As for looking for additional reimbursement for your family's traumatic experience... I'm sorry, but I'm not much help with that. The only advice I can give is that if you intend to go down this road, don't sign any releases or waivers from the Museums insurance carrier at this point and get in touch with an attorney. Even by signing a claim check, you sometimes release the insurance company of additional liability...

Good luck and I'm sorry you had to go through this.

T.

K.,

I would assume that the musuem has insurance for these types of thing and will probably p/u the medical bills. I would call them to check and your insurance company to find out.

My daughter got her hand stuck between the elevator doors at Central DuPage Hospital ( her fault).They did an xray of her hand ( nothing was broken) just in case. I was checked in using my insurnace card, but I never saw a bill.

L.

This is what should happen for you as well.

It would really be a shame to sue. Accidents happen and it sounds like the staff did everything they could. If your only concern is medical bills and fixing them problem why not call the museum and talk to them about paying your bills and putting some padding on the handle. I'm sure they would be more responsive to that than a lawsuit.

I'm sure that they did contact their insurance company- after all people who sue over every little thing cause the museum to have to pay lots of money for insurance that they could be putting towards exhibits or programming.

If you truly like going to museums I would consider strongly the repurcussions of suing- it may result in the hands on exhibit being closed to avoid future incidents.

I don't know, K., Kim's advice doesn't sound the best out of all the other responses that I read. When it comes to personal injury, short of losing a limb, it's not exactly ideal to sue. The courts look at it like this: she's still a healthy, functioning child with no permanent physical damage so what's the big deal? Now, do I agree?...No, 'cause if I saw my kid bleeding w/staples in her head, I would want someone's head to roll. But in actuality, no big PI lawyer will take the case. In my husband's old firm, they'd refer to the case by saying, "If he doesn't look like lobster boy, then forget it." I hated his old firm. I'm sure the insurance company will take care of your medical bills and even therapy sessions for the kids if you ask. I'm glad they're ok and good luck to you.

K.: I apologize for all the people here who have given you advice that you did not need. This forum has never been judgemental of anyone. I love this forum and I have received excellent advice from caring moms. When I read your story, without reading anyone's response I thought you would sue. I am currently in school earning my bachlors degree for paralegal and we are studying about how many frivolous lawsuits there are out there and your case is not frivolous at all. You experienced a traumatic day with your daughter and I can only imagine what you went through. A little girl one time threw a rock at my son's (4 years old) head and started bleeding and I went crazy so don't even ask me what I would do if I went through what you went through. I am sorry you went through what you did, there are many options you can go through without suing if that is not the route you want to go, which you have CLEARLY stated. Good luck!!

I think a lot of people responded that you wanted to make money off of this because you wrote, 'at the VERY LEAST' you would expect your medical bills to be paid for. I think those 2 words made a huge difference in how people interpret your post. I think if you wrote 'I ONLY want my medical bills paid in terms of compensation', a lot of people wouldn't have responded they way they did. Just trying to shed some light for you....

I work at a Museum (not MSI) and I can let you know how we handle things on our end when these things happen.

Accident happens. We fill out an accident/incident report, and if it looks like an injury that was severe enough (transport, stitches, staples, a burn, broken bone), we contact our insurance company and give them the heads up. We follow up that same day or the next day with the parents/adult to see how things turned out and to explain the process to them. Typically, our insurance company deals directly with the family to get bills paid. If you had an ER co-pay, they would most likely reimburse you directly for your out of pocket costs.

And, on the maintenance end, for every incident that is reported to us, whether it is a major incident, or even something as minor as a pinched finger, reports are typically made, so that way we can track them. This way, if we see that Exhibit A is giving a steady stream of band aids for pinched fingers, we know to fix it, change it, take it off line, do whatever to alleviate the pinched fingers. I do not know if every Museum does this, but that is what we do.

I also know that exhibits are taken apart, routinely checked over, cleaned, put back together, and that sometimes, they just get worn out. It is very unfortunate when accidents happen, but they cannot always be predicted, and someone could get hurt.

I'm sorry that your daughter got hurt, and it should be easily taken care of between you and MSI's insurance company. If you want anything on top of your medical expenses covered, I am not familiar with that as we (thankfully) have never had to deal with that.

And, one other thought, not Museum related, was that when my daughter and I were in a car accident, the other drivers insurance company gave us and extra $500 for the inconvenience (I had not asked for anything additional, only that our bills be covered) of it all. I don't know if Museums do this or not, but they may offer you something for your time and inconvenience.

Good Luck with this and I hope she heals well and that your son gets some good sleep soon.

I am sorry your daughter had to go through this experience. Personally, I really don't think you would have a case. I think people sound judgmental and angry because you are ultimately responsible not the museum. A three year old is too young to be playing with museum exhibits. As her parent you are there to make sure she participates in activities that are age appropriate. As parents its hard to take the responsibility for our children being hurt and we would rather place blame on someone else. I'm sure the museum probably will pay for your medical expenses although I really don't think they should have to. It was an unfortunate incident that hopefully you will be more diligent in the future choosing activities for your 3 yr old. I think the exhibits at that museum have little to offer very young children who cannot comprehend them. They are designed for school age children, even then I wouldn't let my child participate without supervision.

Hi K.,
Though I don't have any advice to give you about the process on how to handle. I did want to comment that I think it is horrible that people can't read what a person posts BEFORE responding. After reading your post I was curious myself as to what the process would be should something ever happen to one of my girls. I couldn't believe the responses you got, when you never said you wanted to sue. And to tell you that it wasn't a traumatic experience is just plain rude and only meant to hurt.
I am very glad to hear that your daughter is well and I hope that both of your children have recovered from the accident (physically and mentally!). As a parent of a child with special needs I know how traumatic days at the ER can be! Good Luck to you and your family.

You said yourself it was an accident. Do you really think you should sue? I would write a letter to the museum and explain what happened and how you would like to make sure it doesn't happen to any other child. Who knows, maybe you'll get some free passes out of it.

Hi K.. I have read all of the posts and your update and I just have a few words of advice. My daughter got bit by a dog and required stitches. She was 7 when this happened and is still traumatized a year later. I contacted the dog owner's insurance company and they covered the bills and then made a "settlement offer" We settled for the medical bills paid plus a pretty nice sized settlement for the circumstances. I would contact the insurance company back from the museum, let them know what is going on, that you want your bills paid for and then in order to close their claim, they usually will make you an offer and you will have to sign a release of all claims for them to close their claim. I am also a former legal secretary...so do not sign anything from them until you are sure that everything is taken care of, bills, a payout, etc. If you would like to contact a lawyer (for a free phone consultation) I would suggest Frank Cservenyak ###-###-####. He is a very nice person and helped me out with our dog bite situation. Hope this helps you out...good luck to you and your children...

I am so sorry for the judgement that you received from this post. It sounds like you just want your children to come out of this OK without any physical or emotional damage. Anyone who works in insurance knows that insurance companies work out these types of insurance claims all the time when an accident is involved. Your insurance agent/representatvie should be able to communicate on your behalf with the Museum's insurance company or give you instructions.

Lastly, I know your children are young, but I would encourage you to seek a couple of therapy sessions for your children with a child psychologist. Even just a couple sessions will be beneficial. After a traumatic event, just the retelling in their own words of what happened can be very helpful. Catherine Pines at the DePaul University is wonderful, and I also know of others that I used to work with in different areas. Feel free to email me at ____@____.com if you have any questions or need other names.

Apparantly I read your post COMPLETELY differently that a lot of people. I never read where you said you wanted to sue and make lots of money. I must have missed that part. I took it as you saying you wanted the med bills paid (which is more than reasonable) and wanted to have the museum take care of the handles to avoid future injury. You said OTHER people have suggested you sue, but you weren't interested. I guess I don't understand why so many jumped on your case?!

Anyway~ Definitely call your ins. company. They should be able to walk you through what you need to do to get the bills paid. Sounds like the museum already got the ball rolling to get your bills paid, but you need to make sure this is the case.

So glad your little girl is ok! I'm sure this was traumatic to your kids since they are just that......little kids! Children process things differently than adults. Good job taking care of the situation, Mom!