Mum's call for help to back up legal fight after daughter injured by skateboarder (From Thisisdorset)
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Mum's call for help to back up legal fight after daughter injured by skateboarder
10:30am Monday 10th September 2012 in Latest By Steven Smith
India Morgan was knocked down by a skateboarder in Boscombe Chine Gardens
A MOTHER whose daughter was badly injured when she was knocked down by a skateboarder in Boscombe Chine Gardens is appealing for the help of locals in a legal fight.
Mo Morgan, 44, has been fighting a case with Bournemouth Borough Council since the incident in August 2011.
Her daughter India, now aged eight, needed hospital attention after she was hit by a skateboarder.
After being told by the police that there was little that could be done, she took legal advice and was told that the council should be made accountable for not displaying signs saying that skateboarding is prohibited, for not adequately patrolling the park or putting in preventative measures.
The council said the matter was being dealt with by its solicitors and it could not comment further on an ongoing case.
Mo, who was visiting Bournemouth with India and son Charlie, five, from Basingstoke in Hampshire, has been told that she needs locals to come forward to agree that skateboarding in the park is dangerous and a regular nuisance.
She said the council was still denying any negligence.
Mo said: “My daughter still now bears the physical and emotional scars from the accident and naturally has a fear of skateboarders anywhere near her.
“I strongly believe that Bournemouth Borough Council should be held accountable for it, but more importantly do more to prevent further accidents or fatalities in the future.
“It’s almost as if they need someone to be killed before they’ll do anything.
“It’s not a one-off, it’s a problem in Chine Gardens.
“If it had been an elderly person they could have killed them at the speed they were going.”
Fiona Manton, the council’s law and governance risk manager, said: “This matter has been fully investigated by the council’s public liability insurers, Zurich Municipal, and they have responded to the solicitors acting on behalf of Ms Morgan.
“The case is ongoing and it would be inappropriate for us to comment further.”
Anyone who would like to contact Mo about the issue should email steven.smith@bournemouthecho.co.uk
Comments(38)
BIGTONE
says...
11:02am Mon 10 Sep 12
Borough
Compen..
BournemouthMum
says...
11:06am Mon 10 Sep 12
scrumpyjack wrote:Absolutely agree. The compensation culture is disgusting.
"Where there's a 'blame' there's".... somebody with their hand out expecting to make a quick buck over what used to be known as an unfortunate accident.
Well Ms Morgan, I for one, am sick of people like you.
India, I'm sure you're all better - despite needing hospital "attention" - and I hope you don't have the misfortunate of another accident whilst playing. If you do, don't listen to your mum, just dust yourself down and put it down to experience. Might help make you grow up prepared to take responsibility for what happens to you in life and being able to stand on your own two feet.
I shall have to think back to how many times I was injured as a child in the 70s by bikes, skateboards and suchlike - perhaps I can gather enough evidence to start a retrospective claim - I'll be able to buy a home in Sandbanks if I win! ;)
LordLilliput
says...
11:17am Mon 10 Sep 12
The incident happened over a year ago so is hardly newsworthy now. All you are doing is providing free advertising for an individual who is seeking compensation by pleading help from anyone who wishes to support her. How/why is this news??
jeebuscripes
says...
11:18am Mon 10 Sep 12
I'm sure in some people's opinions it's outrageous that she let her daughter go out in public without taking into account everything possible thing that could've happened to this poor child.
A plane could have crashed into them. BAN PLANES. SUE THE AVIATION INDUSTRY.
An elderly driver could've had a stroke at the wheel and wiped them out. IMPROVE MEDICAL CHECKS FOR OLD PEOPLE. SUE THE NHS.
A cyclist could've crashed in to her daughter. CUT OFF CHRIS HOY'S BITS. SUE SEB COE.
Rain could've given her daughter a chill. SUE MICHAEL FISH.
I could go on.
Captaincroc
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11:22am Mon 10 Sep 12
hammer
says...
11:25am Mon 10 Sep 12
..
Kiki1973
says...
12:14pm Mon 10 Sep 12
ragj195
says...
12:16pm Mon 10 Sep 12
hammer wrote:My guess is she didn't get the skateboarders details so can't pursue a civil claim against him as she doesn't know who he his. Whereas the council? Ahh that's much easier to do. I think the Echo have got to the stage where they grade interest in a story based on the number of comments. Even if 50% of those comments are questioning why it's newsworthy.
Surely if a skateboarder injured the child he should be liable for her injuries. It is the same with cyclists............
..
jobsworthwatch
says...
12:17pm Mon 10 Sep 12
FNS-man
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12:40pm Mon 10 Sep 12
ILOVEBOURNEMOUTH
says...
12:42pm Mon 10 Sep 12
And if ever my child gets a sickness over dog poop or trips over some missing drain covers, uneven paving stones, bolts sticking out in Boscombe and surrounding areas I for one will sue the azz out of the council! We pay Council Tax. Fix the streets!!
steelpaul
says...
12:48pm Mon 10 Sep 12
Pick her up, dust her off, give the skateboarder a slap upside the head, move on, thats the correct course of action in these incidents
Tripod
says...
12:49pm Mon 10 Sep 12
richt
says...
1:01pm Mon 10 Sep 12
(e.g the mum who allowed her kids to cycle past the 'No Cycling' sign on Castlepoint upper level at the weekend.
stevobath
says...
1:06pm Mon 10 Sep 12
scrumpyjack wrote:Sorry but I bet if it was your kid, you'd be just as peeved?
"Where there's a 'blame' there's".... somebody with their hand out expecting to make a quick buck over what used to be known as an unfortunate accident.
Well Ms Morgan, I for one, am sick of people like you.
India, I'm sure you're all better - despite needing hospital "attention" - and I hope you don't have the misfortunate of another accident whilst playing. If you do, don't listen to your mum, just dust yourself down and put it down to experience. Might help make you grow up prepared to take responsibility for what happens to you in life and being able to stand on your own two feet.
Too many hypocrites on here.If you have the possibility of making a few quid through negligence then why not?
Too many skateboarders bombing along busy areas such as the Gardens.Bikes aren't allowed so why should skateboards?
sea poole
says...
1:16pm Mon 10 Sep 12
LordLilliput
says...
1:31pm Mon 10 Sep 12
ILOVEBOURNEMOUTH wrote:And you, 'ILOVEBOURNEMOUTH so much I'd sue for anything', are a prime example of what's wrong with our society.
Some of you people disgust me to no end! This mother has every right to sue. Look at that child's face for goodness sake!
And if ever my child gets a sickness over dog poop or trips over some missing drain covers, uneven paving stones, bolts sticking out in Boscombe and surrounding areas I for one will sue the azz out of the council! We pay Council Tax. Fix the streets!!
Now I know you're really trying to wind us up but there are plenty out there that hold those principles. It takes all sorts.
derek_acorah
says...
2:11pm Mon 10 Sep 12
steelpaul wrote:Paul, if you 'slap the skateboarder upside the head', the skateboarder calls the police. You then get prosecuted for assault, and the skateboarder sues you in the civil courts, so yeah, top advice there.
Ms Morgan, its people like you that make this country the mockery that it is! This was an accident, these happen, but you think the council should be liable, your pathetic!
Pick her up, dust her off, give the skateboarder a slap upside the head, move on, thats the correct course of action in these incidents
Best of luck to Mo and India. A fear of skateboarders must be a terrible thing to live with. Not only does this make it impossible to India to hang around with her friends in skateparks, it's ruined a potentially promising career in Skateboard retail.Mo should take them for every penny.
Bob49
says...
2:50pm Mon 10 Sep 12
A week, a day and hour, maybe ?
I also wonder how many of the above comments would have been made were those injuries to have been caused by someone else's dog.
And finally -
"models pay a fortune to get their lips looking like that ...." is rather a disturbing comment to be making about a child, and does give further concern about how some folk see children.
scrumpyjack
says...
3:39pm Mon 10 Sep 12
But it wasn't, so pretty pointless comment really....
Bob49
says...
3:49pm Mon 10 Sep 12
.. the moral high ground from someone who advised the child "to take responsibility for what happens to you in life and being able to stand on your own two feet.”
She was seven. She was hit by somebody,presumably larger than her and you post up that ?
Still, your comment isn't 'pointless', as it does give the rest of us an insight into how your mind works. A rather disturbing insight, I must add.
steelpaul
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5:13pm Mon 10 Sep 12
s-pb2
says...
5:46pm Mon 10 Sep 12
Clarrie
says...
7:22pm Mon 10 Sep 12
Bob49
says...
9:04pm Mon 10 Sep 12
Yes, but this child did not have her injuries caused by her actions.
PNeither would your son expect to be struck by a fast moving wheeled object carrying another person while playing football.
It what could be thought as reasonable expectation. Colliding into a goal post while playing football is, being hit by a skateboarder isn't in a council park isn't.
Neither is having the council drag ging their heels for over a year on this matter -
I wonder if they wait as long for non payment of council tax before they take action ?
Hobad1
says...
9:07pm Mon 10 Sep 12
best troll ever wrote:As a parent to a daughter i have to say.....that's a bit sick.
models pay a fortune to get their lips looking like that
she is beatiful
Hobad1
says...
9:13pm Mon 10 Sep 12
Clarrie wrote:Did the goalpost uproot itself, move of it's own accord, and collide with your son ? No ? Then i'm not sure what the comparisons are.
My son banged his head on the goal post yesterday during a football match, knocking himself out, maybe I should sue the groundsman for erecting the goal!!!!!! Or being the level minded person I am except the fact that accidents happen, and my son has learnt a valuable lesson - nothing can prepare you for what's around the corner!!!
mumble
says...
9:50pm Mon 10 Sep 12
Tripod wrote:Only need to read it once to see that the Council should be 'held accountable', that the matter was 'being dealt with by solicitors', 'the case is ongoing' and 'in response to solicitors acting on behalf of Ms. Morgan'. Obviously there is a compensation claim being made.
Read the story twice, still can't see any mention of a compensation claim, only a request for appropriate signage and patrols.
The fault lies solely with the skateboarder, who I'm sure would have been stopped in his tracks after hitting the little girl. It would be very unlikely that he/she would have been able to carry on without some interruption to their speed or direction. They could have apologised profusely and called an ambulance for all we know, or even been injured themselves. No mention of the immediate aftermath I notice - selective sensationalist reporting as usual.
As quoted by a previous poster, the Council have installed an anti skateboarding surface since this accident, in which case, they have surely fulfilled their obligations. To blame the council is ludicrous. Speeding is illegal, but if I got knocked down by a speeding car, would that give me the right to sue the authority responsible for setting speed limits rather than the person driving the car?
Accidents happen, and I hope India is now fully recovered, but Bournemouth Council please don't pay out just to make the story go away - Ms. Morgan has absolutely no case.
mumble
says...
9:51pm Mon 10 Sep 12
Tripod wrote:Only need to read it once to see that the Council should be 'held accountable', that the matter was 'being dealt with by solicitors', 'the case is ongoing' and 'in response to solicitors acting on behalf of Ms. Morgan'. Obviously there is a compensation claim being made.
Read the story twice, still can't see any mention of a compensation claim, only a request for appropriate signage and patrols.
The fault lies solely with the skateboarder, who I'm sure would have been stopped in his tracks after hitting the little girl. It would be very unlikely that he/she would have been able to carry on without some interruption to their speed or direction. They could have apologised profusely and called an ambulance for all we know, or even been injured themselves. No mention of the immediate aftermath I notice - selective sensationalist reporting as usual.
As quoted by a previous poster, the Council have installed an anti skateboarding surface since this accident, in which case, they have surely fulfilled their obligations. To blame the council is ludicrous. Speeding is illegal, but if I got knocked down by a speeding car, would that give me the right to sue the authority responsible for setting speed limits rather than the person driving the car?
Accidents happen, and I hope India is now fully recovered, but Bournemouth Council please don't pay out just to make the story go away - Ms. Morgan has absolutely no case.
mumble
says...
9:53pm Mon 10 Sep 12
mumble
says...
12:06am Tue 11 Sep 12
Dorset Logic
says...
10:15am Tue 11 Sep 12
HRH of Boscombe
says...
11:05am Tue 11 Sep 12
glendower2909
says...
1:22pm Tue 11 Sep 12
For clartiy really I truly hope that your daughter is ok and as a 46 year old I can confirm that I have never owned a skateboard so no vested interest.
I would rather kids be out on their bikes and skateboards in the park than robbing, taking drups or getting drunk....
Please get real... It was a very unfortunate, and no doubt very painfull "Accident" but certainly not a means to make a few quid....
momorgan
says...
2:43pm Thu 13 Sep 12
To the narrow-minded finger pointers out there who know very little about what happened and absolutely nothing about me (you know who you are – ‘scrumpyjack’, ‘SteelPaul’ and the like) I couldn’t agree more that there is a growing blame culture in the UK – thankfully nothing like as bad as in the States but you're right, there are a number of people out there looking for opportunities to make money out of nothing, unfortunately making genuine complaints like ours difficult to get heard. I can assure you I am not one of those people and have never in my life taken legal action against anyone or tried to “make a quick buck” despite having had a number of opportunities over the years! The whole point of this is that my daughter’s accident should never have happened. Bournemouth Borough Council need to accept that they have put absolutely no measures in place to prevent skateboarding in Boscombe Chine Gardens to ensure the safety of the public despite there being a bye-law against it. Neither is there adequate patrolling, CCTV, nothing!
Myself and my children were just innocently walking back down the Chine after playing in the park when this young man (and his friend), who looked to be in his early 20’s and should have known better, came hurtling down the Chine on his skateboard out of nowhere, totally out of control and literally ploughed into my little girl at approximately 30mph throwing her into the air like a rag doll! I honestly thought he had killed her at first. She was lifeless with shock and covered in blood. In the collision she had two teeth knocked out, her head was split open, the skin on her shoulders, knees and ankles were ripped off to the bone, she had deep gashes on her arms and legs and a smashed up face – oh, and of course, bloody swollen lips which apparently models pay a fortune for! (I hope you are proud of that tasteless, insensitive comment ‘best troll ever’ - not your finest hour was it?!). Hardly something you can just pick yourself up and dust yourself off from either is it ‘SteelPaul’?! The young man showed no remorse despite the state of my daughter and soon left the scene without even checking if she was ok. My only concern at the time though was getting her some first aid and the safety of my four year old son. I just picked her up and ran to the first aid office on the beach. The lifeguard team there were brilliant and I can’t thank them enough for doing what they could for India and calling for the ambulance etc.
The Chine was very busy that day with children and pensioners alike walking through. Any one of us could have been hit, unfortunately it was India. Had it been a frail pensioner I dread to think what the outcome would have been. Since the accident and my complaint to the Council they have in fairness put in rumble strips but they are far too narrow and too spaced apart making them totally ineffective unfortunately. I have visited the Chine a few times since and witnessed skateboarders and scooter riders just whizzing straight over them! It’s not really the fault of the skateboarders as there are no signs telling them they should not be there, nor anything to prevent them either! Bournemouth Borough Council is responsible for public safety in their parks and until they do something about this in Boscombe Chine Gardens it is just another accident waiting to happen I’m afraid – something I am fighting hard to prevent! Until they are made accountable and accept any form of liability though, nothing more will be done. I just cannot sit back, do nothing and let this happen to another child or innocent person. I am therefore appealing to the compassionate, sensible people of Boscombe and Bournemouth to support us in this. Thank you to ‘bob49’, ‘derek_acorah’, ‘I LOVE BOURNEMOUTH’ and others for your support and seeing the story for what it actually is!
I know from talking with people in the Chine previously that this is an everyday problem. If anyone else shares this view and has witnessed this then please do come forward by emailing your information to steven.smith@bournem
outhecho.co.uk. Maybe Bournemouth Borough Council will then make the Chine safer for all and maybe even build these youngsters their own skate park!
pete woodley
says...
6:31pm Thu 13 Sep 12
momorgan
says...
10:43am Fri 14 Sep 12
scrumpyjack says...
10:54am Mon 10 Sep 12
Well Ms Morgan, I for one, am sick of people like you.
India, I'm sure you're all better - despite needing hospital "attention" - and I hope you don't have the misfortunate of another accident whilst playing. If you do, don't listen to your mum, just dust yourself down and put it down to experience. Might help make you grow up prepared to take responsibility for what happens to you in life and being able to stand on your own two feet.