A beach umbrella injury attorney may be able to help you recover if a beach umbrella has injured you. In a case on July 19, 1999, Phyllis Caliano-Bahaj was hit in the forehead by a six-foot, fifteen-pound umbrella. She required thirteen stitches and suffered permanent nerve damage in her neck and persistent pain.
Phyllis Caliano-Bahaj
In 1999, Phyllis Caliano-Bahj was a mother of two, watching her son play in the sand. Suddenly, a 6-foot, 15-pound striped umbrella flew into the air, striking the mother on the forehead and neck. She required 13 stitches and suffered permanent nerve damage and pain.
The case of Lottie Michelle Belk sparked calls for stricter regulations and warnings about beach umbrella safety. US Senators have asked the CPSC for specific data on beach umbrella injuries and to issue warnings about dangerous umbrellas.
The New York State Department of Health was found liable in the case of a woman who was struck by a beach umbrella and suffered a traumatic neck injury. The umbrella was thrown fifty feet into the air by a 29 mph wind. The woman’s son testified that he watched the umbrella float away and land on the sand. He then saw the lifeguard grab the umbrella and stick it in the sand.
Jill Mendygral
Jill Mendygral is based in Ocean City, Maryland, representing clients in beach umbrella injury lawsuits. In a recent case, a Maryland woman was struck by a beach umbrella and was transported to the hospital by helicopter. She suffered injuries, including chest and pelvic pain, recurring numbness of the right arm, gross hematuria, and adjustment disorder. Although the city has not commented on the incident, similar cases have occurred in other beach towns.
In one such case, a 46-year-old woman was struck by a beach umbrella while lying on the sand in Ocean City. The umbrella impaled her in the chest. After a strong gust of wind blew the umbrella into the air, emergency crews quickly cut off the pole, and the injured woman was airlifted to the hospital.
Mendygral’s experience is an actual example of how umbrellas can cause serious injuries. A rental umbrella can easily pierce your chest. This is why it is essential to be careful when using one. Ensure that the umbrella is folded and that it is not unsecured.
Another case involving a beach umbrella involves a woman injured by a loose beach umbrella. The umbrella swung in the air without warning and struck her upper chest. The plaintiff sued the city and the business, alleging negligence.
85 N Sunny
The town of Ocean City, Pennsylvania, recently filed a motion to dismiss the civil suit filed by a Pennsylvania woman impaled by a flying 85 N Sunny Boulevard Beach umbrella in July 2018. Jill Mendygral, a Pennsylvania resident, was tanning on the beach on July 22 when the rental umbrella became dislodged from the sand during a strong wind gust. In June, she filed a civil suit against the town and 85 ‘N Sunny, LLC, alleging negligence.
The lawsuit claims that the defendants failed to warn about the danger of umbrellas in windy conditions. The lawsuit also claims that the defendants failed to inspect the beach while a wind advisory was in effect. The plaintiff was seeking damages of over $75,000 and a jury trial. It is still being determined whether the town will settle the suit.
If the umbrella was not fixed, Mendygral was seriously injured and transported by helicopter to a local hospital. He was subsequently treated for non-life-threatening injuries. He was in stable condition the next day. This case is just one of several similar incidents in beach towns around the country.
Under Florida law, umbrella owners must close or secure umbrellas when the wind blows. However, the umbrellas were not secured when the wind was brisk. As a result, 85 N Sunny owed an umbrella owner a duty of care to its customers. It should have closed and secured the umbrellas properly.
Design flaw
One design flaw in many beach umbrellas is that they have no tiered or threaded anchors to hold them in place. This can be very embarrassing and irritating. To solve this problem, some umbrellas are equipped with tie-downs or ground stakes to keep them in place. Others have steel stretchers or ribs to keep the canopy in place.
Even modest winds can make beach umbrellas come loose. While the chance of an umbrella being knocked loose is low, securing your umbrella to the beach with a rope is still a good idea. Otherwise, there is a risk of a wind gust uprooting the umbrella, which can lead to severe injuries.
In 1999, Phyllis Caliano-Bahaj was seriously injured by a beach umbrella. She required 13 stitches and suffered permanent nerve damage. The state of New York settled her lawsuit for $200,000 in 2006. A fatality caused by a beach umbrella is not uncommon. Lottie Michelle Belk was killed in Virginia Beach by an errant parasol in 2016. The tragedy has spurred calls for stricter regulations, and US senators have asked the umbrella industry for specific data on the number of injuries caused by beach umbrellas.
Another area for improvement of beach umbrellas is that they need to be adequately anchored. Because the beach is often windy, a poorly-anchored umbrella is prone to blowing away and causing severe injuries. The Today Show featured a segment on this issue, demonstrating the correct way to anchor a beach umbrella.
Negligence
Negligence of beach umbrella injury lawsuit may be filed against a governmental entity, including a beach resort. The suit alleges that the defendants were aware of the dangers of open beach umbrellas but failed to warn beachgoers. The judge sided with the defendants, finding that Ocean City was immune from liability under the law and did not have a duty of care to protect plaintiffs.
A recent case involved a woman impaled by an umbrella that blew over her during a vacation in Ocean City, Maryland. The umbrella’s tip went into her chest, causing severe injuries. The woman survived, but the trauma may affect her ability to live everyday life.
The umbrella was not reasonably fit for its purpose. The windy conditions caused it to break, resulting in severe injuries to the plaintiff. The plaintiff incurred medical expenses to treat her injuries. She suffered a physical handicap and an aggravation of a pre-existing condition. Additionally, she suffered future losses.
Moreover, the court acknowledged that beach umbrellas were dangerous in 1932 in Gerhardt v. Manhattan Beach Park, Inc., which involved a woman hit by a large beach umbrella. The decision came to a decision was upheld by the New York Court of Appeals. Although many things have changed since then, beach umbrellas remain unguided missiles.
Damages
You may be entitled to compensation if a beach umbrella has injured you. The Consumer Product Safety Commission (CPSC), which regulates the safety of consumer products, is responsible for regulating beach umbrellas. In 2017, the commission reported two deaths related to beach umbrella injuries, one of which resulted in the death of a woman in Virginia Beach. A study published in the Journal of Safety Research estimated that approximately 2,800 injuries occurred from beach umbrellas in the United States between 2010 and 2018.
In many cases, a beach umbrella injury lawsuit involves negligence on the part of a person or company. For example, a beach umbrella may have needed to be adequately secured, causing the injured person to get struck by the umbrella. In addition to private property owners, the government can be liable if it is responsible for injuring a person on a public beach.
Even though beach umbrellas are widely used, they can be dangerous and cause serious injury. According to the Consumer Product Safety Commission, more than 3,000 people are rushed to the hospital annually after being injured by a beach umbrella. From 2008 to 2017, more than 31,000 beach umbrella injuries were reported in the United States. This is because beach umbrellas are often left unattended on the beach, making them vulnerable to wind and other forces.
A recent incident in Bethany Beach, Delaware, involved dozens of beach umbrellas flying into the ocean. The umbrellas were swept by a gust of wind, which is a typical risk for beach umbrellas. Winds of up to 10 mph can send an umbrella flying. The wide canopy of an umbrella can become entangled in swift winds, especially if it is not properly anchored.
