Toddler injured on a face with Golfstick by another boy (minor)
I would like to find out what I can do.I went to a restaurant at a golf course for lunch with my 4 year old boy.My son was playing with other kids, and where I could see them. Next thing my son was hit with a golf stick under his eye by another boy, the boys father brought my son and I asked for help from the restaurant and the manager in charge gave me a gauge to put pressure as my son had blood oozing uncontrolably from his face. I was told to go to hospital. I asked the parent of the boy who will assist me and in terms of medical costs, he said to me he is not responsible. I was crying and shaking and had a 4 year old with me, no service of care was shown by the parent, and the restaurant manager said my son needs stitches and I should take him to Netcare. They never bothered weather I was able to drive myself, or had means to settle medical bills whatsover. As a single parent, I took my son to a hospital and doctors attended to him at Emergency. I then logged a complaint with the Establishment same day, the following day I got a call from GM to ask for full story which I told him. He apologised and said he will investigate. I also requested the CCTV footage and its been 5 days and I havent heard from them again. I have also went to SAPS for guidance and I havent heard from them too. What can I do in this matter?
Sorry about your distressful experience and the insensitivity displayed by the establishment ( golf course, restaurant) and the offender’s parent.
Legally, there is no criminal liability imputed on a child below the age of 7. Between the age of 7 and 14, it has to be proved that the child appreciated that what he/she was doing was wrong. With respect to civil damages, ie medical expenses, pain and suffering etc, one can press the parents and/the establishment for what is called “ vicarious liability” if it can be established that they were negligent in their supervision of the offender. In an extreme case Eg: If they negligently leave a loaded gun on a children’s playground. Or what’s earmarked as a playground is patently unsafe. Send them a letter by yourself or preferably through an attorney claiming for vicarious liability. It will be expensive to litigate if they are unresponsive, so I suggest you look at options like taking your case to the media – traditional media or social media. That might jolt the establishment.