What Would You Do?

[tarheelmjfan]

I would pay it myself. It was an accident, & unfortunately those happen. I've never considered trying to get money from anyone for something like this, because I think about what would happen if someone fell on our property & tried to get money out of us. I can only hope that people who come to our home feel the way I do. I'm sorry your daughter was hurt.

 

[ChrisnSteph]

No I wouldn't go after anyone to help you pay this. Accidents happen. Frankly, I cannot even believe you would consider it.

I'm sorry your daughter was hurt, but I have to agree with this. I added everything up, and you're talking about $124 in deductibles. The boot will probably cost another $30-40 (I had to have one once and that's what it cost). So let's say you're out $164. Do you really want to go after someone for $164? It was dark, the weather conditions were bad, and you're dd was running to the car when she tripped. That could happen anywhere, even without ice. It was obviously an accident. I would notify the church of the incident so they can be aware of black ice in their parking lot, and then drop it.

 

[Jeanny]

ok, think about it this way.

Up here, it warms up during the day.... and cools back down at night... any puddles or snow melting become black ice. Sometimes there's no way to prevent it. You can put as much salt & sand down as you want, when the snow/ice/water melts/freezes back over, sometimes the salt doesn't help at all.

It was an accident and could have happened any place, any where, any time. Unfortunately, there's probably not much you can do about it. Just as if you were walking down a sidewalk and you slipped. The town had salted/sanded... they made the attempt to keep the sidewalk clear. All you can do is blame Mother Nature, sometimes she's mean!

 

[MouseWorshipin]

Honestly, I'd suck it up.

People fall on the ice in the winter. Especially if they aren't being careful.

 

[allison443]

I am a Girl Scout leader. All registered Girl Scouts pay a registration fee which includes accident insurance. This is "secondary" insurance which means it covers your copays, etc., after you use your own health insurance. Over the years a girl broke a tooth at an event, another girl broke her leg roller skating, and they were able to make a claim through the GS insurance.
You should ask your daughter's leader how to contact your GS council to submit a claim. I agree with the poster who said that GS has a lot of rules and regulations regarding registering, paperwork, etc. and they always cite "insurance reasons." So the coverage should be there!

Our troop meets at a church as well, but we do not pay any fee for use of the premises. I could see them denying the use of the premises if they got sued.

Also, a premises owner is not always automatically liable in a lawsuit for injuries on the property. For example, in NY the property owner must have prior notice of the dangerous/defective condition...this obviously varies from state to state.

Personally, my daughter sustained the same injury last year from a hole in a soccer field. We paid similar costs out of pocket. Just chalked it up to one of those childhood things that happen, and we were happy it wasn't more serious.

 

[allison443]

I don't understand the DON'T submit to the church. Your not hiring a lawyer (yet) .You pay fees and dues to use the church they pay insurance from those fees.


I doubt the troop is paying a fee to use the church for meetings...most troops subsist on dues paid by the girls and cookies profits... the budget can't support paying fees for a meeting place. In our troop's case, the local Catholic school/church allows use of classrooms for meetings at no charge.
In over ten years as a leader I have never heard of a troop paying a fee to rent space for a meeting.

 

[The Mystery Machine]

I don't understand the DON'T submit to the church. Your not hiring a lawyer (yet) .You pay fees and dues to use the church they pay insurance from those fees.

Because the church would be admitting negligence, which opens them up to be sued.

 

[taeja71]

 

[tmt martins]

I don't understand the DON'T submit to the church. Your not hiring a lawyer (yet) .You pay fees and dues to use the church they pay insurance from those fees.


I doubt the troop is paying a fee to use the church for meetings...most troops subsist on dues paid by the girls and cookies profits... the budget can't support paying fees for a meeting place. In our troop's case, the local Catholic school/church allows use of classrooms for meetings at no charge.
In over ten years as a leader I have never heard of a troop paying a fee to rent space for a meeting.

From reading all of this I understand this now .I'm just stating from our closeness to our Catholic Church Father would want to know .

I also know he would know if this was putting this person on a hardship $100 /$200 could be a drain on someone.I don't believe in sueing for something like this as the lawyers are really the only ones making out on the deal.

 

[RUDisney]

I would pay it myself. It was an accident, & unfortunately those happen. I've never considered trying to get money from anyone for something like this, because I think about what would happen if someone fell on our property & tried to get money out of us. I can only hope that people who come to our home feel the way I do. I'm sorry your daughter was hurt.

This is the post that spoke the most to me... though I read through everything and can see all sides of the situation.

I've thought a lot about karma. I don't agree with frivolous lawsuits or suing someone just because you have an excuse to do it. I wouldn't have taken my request for renumertion farther than a letter to the church council.

This reminded me of an accident my DH had in the work parking lot. He hit a bookkeeper's car. It was a leased car. She went baulistic. He calmed her down and told her that he could have the car fixed for her without getting the insurance companies involved. She was still frantic that it was a leased car and they might find out that it had been damaged and fixed. She agreed to have it fixed by our body guy (he really is the best around here anyway) but she had my DH sign a letter that said he would pay any amount that the lease company might charge her if they found the damage. DH signed the letter. He was at fault anyway, and the lease company would never come across this easily repaired damage. Our body guy had another one look at the car, knowing the circumstances, to see if he could find where the car was damaged before it was returned to her. He couldn't find it. So, she turns the car in a few months later and says to the guy, "a guy at work hit me right here, had it fixed and said he'd pay anything you want him to pay for having damaged the car." We got to pay $487 to her because she wanted us to pay something for the accident.... not that the body guy wasn't compensated anyway. She wanted it to hurt us more. Well, she got what she wanted and now she can't look my DH or I in the face anymore. I guess she should have thought about guilt before she said anything. We can hold our heads up because we did the right thing.

I have a sense that seeking money from the church is kind of like the $487. I don't want to be the one taking money from the things that it does for its parishoners. I don't know the pastor personally because it isn't my church. I know that the GS coordinator has discussed this with him.

I've been told by her and by our leader that GS insurance won't cover our expenses because it happened in the churches' lot and not in the meeting hall. I don't know if that is true or not. Maybe I'll call GS House and ask them. While I don't want any non-profit to be financially hurt by this, I also don't want to pay out-of-pocket when there is insurance that will help to pay for it. I always figured that the expenses would come to around $200. I can afford to pay that. I just want to know what my options are.

 

[The Mystery Machine]

I've been told by her and by our leader that GS insurance won't cover our expenses because it happened in the churches' lot and not in the meeting hall. I don't know if that is true or not. Maybe I'll call GS House and ask them.

I have to say that this burns me up and one of the reasons I feel shame for Girl Scouting these days.
They "hammer you", practically threaten you, are mean to you (yes, they get RUDE about the health history/Safetywise) but when it comes time for THEM to do what they say they will do....they wash their hands of you. It does make me sick.
I have been involved with Girl Scouts for 10 years, jumping through their hoops. I had to deal with them for various things watching GS go down the tubes.

I find the logic of the parking lot vs the hall a crock. If it is "meeting time" and the girl is in the care of the leaders in charge, they should be covered. Of course...I am sure in fine print, it will say only in the meeting place.... Gee....That is the "Girl Scout Way"....

 

[Mom2Ashli]

I'm sorry your daughter was hurt, but I have to agree with this. I added everything up, and you're talking about $124 in deductibles. The boot will probably cost another $30-40 (I had to have one once and that's what it cost). So let's say you're out $164. Do you really want to go after someone for $164? It was dark, the weather conditions were bad, and you're dd was running to the car when she tripped. That could happen anywhere, even without ice. It was obviously an accident. I would notify the church of the incident so they can be aware of black ice in their parking lot, and then drop it.

The same thing I was thinking. I would notify the church that they should be more aware of the parking lot situation during bad weather, especially when they have a group meeting at the church that night.


My DD fell at a Baseball field and broke her arm. It cost me out of pocket close to $1,000 and the total bills were way over $15,000 after surgery for pin in her arm. She basically broke the bone all the way thru just below the elbow.

It was another kids fault (he said he would put her on his shoulders and when she got ready to do that he moved away from her and let her fall to the ground) at the play area where she was. Should I have sued him or maybe the ball field for having the play area?

I never even recieved a letter from the ball field (Major League Training field) acknowledging the incident at all. And reports while we were waiting to be taken to the hospital.

Accidents happen and lessons are learned. DD will not let anyone help her on the playground.

 

[taeja71]

I'm sorry your daughter was hurt, but I have to agree with this. I added everything up, and you're talking about $124 in deductibles. The boot will probably cost another $30-40 (I had to have one once and that's what it cost). So let's say you're out $164. Do you really want to go after someone for $164? It was dark, the weather conditions were bad, and you're dd was running to the car when she tripped. That could happen anywhere, even without ice. It was obviously an accident. I would notify the church of the incident so they can be aware of black ice in their parking lot, and then drop it.

It doesn't matter any more. People and any good lawyer will find fault some where from some one/thing. I wouldn't be surprised if people have tried to sue God himself. From reading the most recent post from the OP. I sounds like she's going to continue persuing her options and NOT drop the issue (not yet any way).

 

[believe]

For our Girl Scouts we meet at a school. They typically do not treat the lot in the evening unless a school event is happening. I believe we had to submit a form to the school saying we would not hold them liable for things like this before they would even allow us to use their facility. You daughter's troop may have done the same.

I know that my church does not treat our area if there is not a church meeting that night.

Personally I would let it go.

 

[Toby'sFriend]

I'd pay the bill and know that kids cost money.

 

[jbdreamer]

Living in Minnestoa, I have to deal with snow and ice all the time. It's a natural part of winter. I know to be carful walking in parking lots and driveways. I have slipped on the ice many a time. If I were to fall and break my ankle, it would be my own fault. I would never dream of suing anyone.

 

[TnKrBeLlA012]

My daughter fell and broke her tailbone at AppleBee's. We are still getting bills and they are not paying them. My insurance is holding them responsible. It has been a year and I think I will have to sue. I told the women who is in charge of the claim all I want is her hospital bill payed for. Nothing else. She missed work for a week and she still is having shooting pains in her back. This happened a year ago. The company is the one driving my desicion. If they would have payed the bill that would have been the end of it. So if I have to sue them it will be their own fault. I think that is why people end up going that route. Companies don't want to take responsibility. They want to push it as far as they can. I think their hope is the person just gives up. Also, that is why buisnesses carry insurance.

 

[In a hurry]

I would think that the Girl Scouts shouldn't have met there, if there was a problem, such as ice. But then again, I have issues with suing over anything except blatant irresponsibility...doctor removing wrong organ, kind of thing.

 

[grlpwrd]

On March 5th, my DD fell on black ice in the parking lot of the church in which her girl scout meetings are held. She severely sprained her ankle and was in a soft cast for a week and a boot for 3 weeks. She had xrays on 2 separate occasions to make sure her growth plates weren't affected. She's 9 years old.

The "this is not a bill" messages are starting to arrive from the insurance company. So far, we've had a $25 copay to her pediatrician, who thought it was broken, a $25 copay to the podiatrist she saw and one $37 deductible due for one set of xrays. I'm guessing that is what the second set of xrays will be, too, but I have no idea how much the boot will cost. We have a $1,000 deductible per person on our insurance, so all of this will come out of my pocket.

I spoke tonight to the woman who is in charge of the girl scout meetings and who is also the liaison to the church. She will present a letter to the church council tomorrow night if I drop it off at her house tomorrow. That isn't a a problem to do. She expressed great concern about the church rescinding it's willingness to allow girl scout meetings if they have to pay this claim or send it to the insurance company to pay it.

I'm not looking to sue the church. Although I believe that if they had salted their parking lot better that night, this wouldn't have happened. IMO, I have taken off work to take DD to various doctors because of this and my insurance has footed some of the bill, or has at least reduced it to its negotiated rates with the providers. I think the churches' responsiblity should lie in helping to pay my deductible since the combined negligence of the ice in its parking lot, coupled with my DD's running to the car caused the severe sprain.

So, do I be the bad guy and write the letter to the church and risk the future of girl scouts at the church, or do I suck it up and pay for my DD's medical bills?

Coulda, woulda, shoulda.

The troop should not have met there because of the weather, the church should have salted more, her troop leader should have been supervising her better, you should have gotten out of the car to pick her up rather than let her come to you, and even more so your daughter should not have ran. Really, the adults (you and her scout leader) played a big part on what happened, too, by not providing adequate supervision.

As a leader and recruiter I know Girl Scouts is not perfect organization, but please remember that it was ultimately your daughter's actions who caused her injury and her not being supervised.

She's a Junior, right? At her age she should know not to run in inclement weather (be careful when it comes to snow and ice) and part of being a scout is to follow rules, ie running is not allowed, and not place herself in danger. Suing the church or Girl Scouts is not fair plus yes, you do jeopardize her standing with the Scouts and the ability of the troop to continue meeting there.

Plus, remember if you do sue you are teaching her. She will learn that she can sue and/or not be accountable for her actions.

GL to you and I hope she makes a quick recovery!

 

[RUDisney]

My DD is a brownie. I was not there when it happened. Her father picked her up from the meeting. He stayed in the car and let her brother go in for her. Yes, I blame my DH more for NOT getting out of the car and supervising than anything else. If I had picked her up that night this would not have happened. I'm sure of that. Other mothers saw this happen and I got the frantic call from my DH to tell me that she hurt herself and he needed for me to help him get her into the house. He was so panicked when I came outside that he stood back when I picked her up out of the car and I carried her into the house. She has to weigh more than 80 pounds, but my adrenalyn was flowing.

She shook for the remainder of that night and into the next morning. We didn't realize the severity of the sprain at first and since it wasn't swelling like a break would, we didn't go to the ER but to her dr on Monday morning. (GS is on Sunday night.)

I have never said I was going to sue anyone. I WILL NOT sue the church or GS. If they have insurance to assist in the expenses, I would like for that to be used. If the church especially has to pull money from its coffers to pay, I don't want that money. period.

For as much as I've disliked the way GS is handled at the local and national level, for many years, I don't want to pull money from its coffers either.