DG wrote:

Yes... yes ...yes I agree with all of it


But you are still missing my point. When something devastating happens to you or your loved ones ....you will not think like this .....you will want to blame someone, anyone and anything

I can see your point but for instance when Craig tried jumping a ravine on his motocross bike, failed and landed smack into the bank on the other side causing a rush into hospital (once we had stopped laughing) he then pizzed blood for a few days We never blamed the track owner or the bike manufacturer or the glacier that cut the ravine. It was one of those things. If however the bike frame had collapsed before take off thus causing the crash we would have still laughed but also had words with the supplier and if serious injury was caused then yes we would be looking for compo. I think that as mentioned in all the messages in this thread there as to be a common sense approach and it would appear that this may be occurring.

DG wrote:

.... When something devastating happens to you or your loved ones ....you will not think like this .....you will want to blame someone, anyone and anything

Hi DG - I understand. I truely do. The immediacy of such massive Grief, which is what you're actually talking about here, means all bets on calm rational thought are off. I cant begin to understand the grief and other emotions these parents and others must go through. But "grief" is handled by the human mind in very unpredictable and different ways. Often it comprises of a degree of guilt ("Could I have done something to stop it") ..... While the answer will invariably be yes in the cold light of day, at such horrific times, then denial means the proportionality of genuine accident versus culpability will be somewhat bias in the grief stricken mind.

It's a horrid subject so I'm leaving it here.

Getting back on point - (by the way I contract for the HSE).... the sooner we re-adress the balance of blame versus true accident the better. And the sooner law is past to ban the ambulance chasing scum that have the audacity to call them selves legal advisors, the better!

Fleagle_UK wrote:

the sooner law is past to ban the ambulance chasing scum that have the audacity to call them selves legal advisors, the better!

Then you will enjoy the next part of the tale........

The whole case was handled by a no-win no-fee bunch of f g ambulance chasers who now stand to loose a significant amount because of the appeal decision

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jkp wrote:

Parents in this instance and others is the root cause as said above.

TheTimes wrote:

Lord Justice Moses described Mr Marsden, an IT manager, and his wife as responsible, attentive and caring parents for whom the loss of Matthew had been devastating. He said: “It is absurd and offensive to suggest that Mr and Mrs Marsden were in any way at fault. A child may be gone in an instant.

“But it does not follow from the fact that they were not at fault that Bourne Leisure was in breach of duty. The danger of the lake to a small child, should that child in fact stray, was obvious.”

The court had been told that the family had been cooped up in their caravan during three days of incessant rain after arriving at the 100-pitch holiday park. On the fourth day Mrs Marsden was chatting to a neighbour when Matthew and his 16-month-old brother disappeared.

The children walked 60 yards to the pond, which had been fenced off after a four-year-old boy fell into it the previous year. What happened next, said Lord Justice Moses, was “every parents’ worst nightmare”.

He added: “Nothing this court can say can adequately measure the suffering of two responsible, attentive and caring parents.

“Short of keeping hold of the two children at all times when outside the caravan, there is nothing more the Marsdens could do. Small children can disappear in a moment. Holiday sites will almost inevitably contain sources of danger to small unaccompanied children. Further warnings as to that obvious circumstance could not have made any difference.”

Lord Justice Stanley Burnton told the court: “This was a tragic case and Matthew’s death has been understandably devastating for his parents, but accidents may and do happen to young children without anyone being at fault.

“A toddler can disappear in a fleeting moment. I don’t think there can be any parent who has not been in that situation. It is impossible to live in a riskless society.”

TheTimes wrote:

“Short of keeping hold of the two children at all times when outside the caravan, there is nothing more the Marsdens could do. Small children can disappear in a moment. Holiday sites will almost inevitably contain sources of danger to small unaccompanied children. Further warnings as to that obvious circumstance could not have made any difference.”

It was on a caravan park, most caravan parks i have been on its not the ponds etc you have to worry about, it the car drivers who think the roads on the sites are dual carriageways with a national speed limit in place. All the more reason to keep track of where a 4yr old is. You can't say never, but i would like to think that i would be aware enough of where my kids were that they did not get 60 yards away from me without my noticing

DG wrote:

When something devastating happens to you or your loved ones ....you will not think like this .....you will want to blame someone, anyone and anything...

jkp wrote:

Am I not entitled to put across my opinion ??

Yes ......of course but are you saying that nobody is entitled to give an opinion on that opinion..