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Opinion Claims culture is out of control - as play centres close due to being sued for kids falling

Kids fall, that is what they do, it can happen anywhere. If they fall at Granny’s – do we sue the pants off Granny?

“I’M A MUM of two small children so if I am negligent in any way, of course, people have a right of recourse,” said Linda Murray, of Huckleberry’s Den, in Navan. “But don’t claim from a business because your child was there having fun and tripped or fell which can happen anywhere.”

Murray was reacting to the threat of closure to her own play centre because of spiralling insurance costs on foot of claims. 12 people are employed there. 

What she said resonates with me because as a working mother of two, I know what it’s like trying to rear a family and run a business at the same time.

It’s tough. Juggling both is not without headaches. And when your business is threatened, so is your livelihood – and that of your children’s.

But there’s a deeper resonance, two of my children ended up receiving medical treatment after a fall at two separate play centres. Did I sue the play centres?

No, I did not – and nor did it enter my head for a minute to do so. 

Why? Because children fall. That’s what they do.

The play centres were in no way at fault, on the contrary, they were facilitating my kids in having such a good time; they became excitable and weren’t watching where they were going.

Kids fall, it can happen anywhere, it happens at home and it happens at Granny’s.
Do we sue the pants off Granny? Of course, we don’t.

That would be like cutting off our nose to spite our face because Granny is oftentimes the unpaid childminder.

But yet some people feel entitled to file a claim against a play centre, putting someone else’s livelihood at risk because it’s a business and sure won’t the insurance company shell out?

Yes, the insurance company may shell out but at a heavy price to the business and in this case play centres.

In Navan town alone the problem has reached a crisis point. Huckleberry’s Den has seen their insurance premium jump from €2,500 to €16,500 in just five years while another local play centre in Navan, LoLoTown has already closed as a result of the premium hikes.

Is this ridiculous situation being replicated in towns all around Ireland?

No one is arguing that in legitimate cases parents shouldn’t be allowed to file injurious claims but we’re not talking about finding a piece of glass in little Johnny’s pizza.

We’re talking about superficial injuries like cuts, scrapes and bruises that are grossly exaggerated to gain maximum pay-out.

Quick healing injuries that are so blown out of proportion, falsely categorised to be deemed life-changing and having long term physiological and psychological effects.

We are all losers here. Mothers like me who rely gratefully on play centres for hosting birthday parties out of the home. New mothers who use play centres as a social outlet for mixing with other mothers.

Or fathers looking for somewhere dry and warm to take his kids on a winter day off.

And the biggest losers are the children. Not just for the obvious reason, that their favourite place of play with their friends is no more.

Worse than that their innocent world has been interrupted by cynicism and opportunist greed, traits that stunt the mind.

‘If you want a child’s mind to grow, you must first plant a seed’ – healthy seeds, culturing accountability, a sense of community and consideration for others.

It is time to stand up to the growing scourge of claims culture in our society, we need to radically overhaul the entire legal framework that facilitates massive claims for exaggerated injuries. 

If we don’t move soon, it is only a matter of time until someone does try to take a claim against Granny!

Grace Vaughan is a mother and writer, who lives in Co Meath.

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    Mute Rochey77
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    Feb 20th 2020, 5:41 PM

    Not that much of a mystery, the appellant shares an office address with a national cinema operator, who would be well known in the industry. Whats going on with the non-existent company name on the objection letter is anyone’s guess, but I think the origin is obvious enough.

    247
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    Mute Whoswho
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    Feb 20th 2020, 6:26 PM

    @Rochey77: Zero sympathy for any REIT. Pay very little Tax, purchased 95% of apartments last year and as a result not allowing first time buyers get onto the property ladder. And increasing the rental prices

    112
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    Mute Barry Finnegan
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    Feb 21st 2020, 7:13 AM

    @Whoswho: Green REIT portfolio has zero residential.

    22
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    Mute Sean Fahey
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    Feb 20th 2020, 6:03 PM

    Just throw out the planning laws and start again. If you want to object to any development what so ever the burden of proof needs to be on the objector to satisfactorily demonstrate that the development will have a material negative effect on existing property, quality of life or success of business, with obvious exceptions such as competition not being a valid reason.

    Our planning system is tedious, slow, costly and regardless of the size of the project it just takes one hoop one the other side of the country to delay the whole thing by years and end up in the high court.

    I’d go so far as to say frivolous and malicious objections should be a criminal offense.

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    Mute Michelle_Herbert
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    Feb 20th 2020, 6:38 PM

    @Sean Fahey: hear hear

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    Mute Sean Higgins
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    Feb 20th 2020, 7:33 PM

    Was it not someone in Wicklow objecting to Apples planned development in Galway a few years ago and we wonder why everything takes forever ……

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    Mute Stephen Small
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    Feb 20th 2020, 11:01 PM

    @Sean Higgins: And said Wicklow based objector also had land in their native county, which they were trying to build their own data centre on…..

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    Mute Ciaran Daly
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    Feb 21st 2020, 12:13 AM

    @Stephen Small: And said objector drinks the odd time in Delgany village and is hissed at and reviled

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    Mute Fiona Fitzgerald
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    Feb 21st 2020, 1:24 AM

    @Stephen Small: Imagine that. No conflict of interests at all. Pretty sure that’s not why we have a planning system, for rivals to object under fake names.

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    Mute Dnom
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    Feb 21st 2020, 6:36 AM

    @Sean Higgins: They were from Cork and proved that every man and woman in Ireland would end up paying carbon tax on the electricity they use. We have more data centres per person in Ireland cause we are so kind.

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    Mute Al Moore
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    Feb 20th 2020, 8:14 PM

    Amazing. One objector stops this, yet hundreds couldn’t stop development at St Anne’s Park?

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    Mute Rob Goodbody
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    Feb 20th 2020, 8:24 PM

    @Al Moore: one objection has not stopped it, just put an obstacle in its way. It would only be stopped if An Bord Pleanála refuses it. Besides, planning issues are not a vote. It doesn’t matter how many people object, if there is no planning reason to refuse something it won’t be refused.

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    Mute Boksburg Girl
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    Feb 21st 2020, 7:53 AM

    @Al Moore: I thought there was a shortage of places to live in Dublin? These apartments are being built beside St Anne’s Park, not inside it.

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    Mute Tommy C
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    Feb 20th 2020, 5:41 PM

    An taisce special agent?

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    Mute Craic_a_tower
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    Feb 20th 2020, 6:57 PM

    This was how people would extort money out of developers back in the 80s.

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    Mute Ross Mc Carthy
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    Feb 21st 2020, 1:00 AM

    No descision until April? For crying out loud, there must be some way of speeding up this kind of process. A fake objection and a 5 month wait is nonsense.

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    Mute Mick Scanlan
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    Feb 20th 2020, 6:42 PM

    Picture This

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    Mute Anthony Christoper Mc Garth
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    Feb 20th 2020, 5:45 PM

    ….

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    Mute bobby
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    Feb 21st 2020, 5:47 PM

    What’s the mystery? It’s IMC, who own the Savoy.

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    Mute Neuville-Kepler62F
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    Feb 21st 2020, 7:19 AM

    “Second Troika” needed to sort the “Planning HSE” …. “Official Objectors” …

    Jail if you build your own house …. Breanndan Begley – Kerry

    https://www.rte.ie/news/ireland/2020/0219/1116382-breanndan-begley-kerry/

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