Restaurants generally have outdoor areas where patrons can enjoy their meal. However, at times restaurant owners fail to secure or make safe these outdoor areas. As a result customers suffer significant injuries which can cause life-long pain and suffering.
Who is liable for Injuries cause by a Defective Outside Umbrella?
The law considers customers to be invitees. Invitees are given the highest duty of care. Essentially owners or operators of such establishments are charged with the duty of inspecting the property for known, unknown or should have known defects. If a customer or patron is subsequently injured the property owner
or operator can be held liable for injuries sustained.
Who is considered an invitee? Invitees are considered business guests of an establishment or any customer who is there for a commercial purpose. It is not relevant that you actually make a purchase, but that you enter the property with the intent of doing so at one time. For example if you enter a business to look at the menu, try on an outfit or to check on a product you will be considered an invitee. As an invitee you are owed the highest duty of care and any injury sustained will be the responsibility of the establishment owner or property owner.
Generally this type of liability is considered premises liability. To know if you have a case under a premises liability cause of action contact the Personal Injury law offices of Downtown L.A. Law
for a free case evaluation.
Common Injuries caused by Falling Canopies and Umbrellas?
A restaurant canopy that is not properly fastened or secured can cause devastating injuries. These injuries can bring about life changing impairments that require long term care. A restaurant canopy that is not properly fastened will inflict serious injuries. If the canopy is air lifted under intense wind or weather conditions it can cause serious impact.
Generally these products weigh anywhere between 20-30 LB, coupled with the wind speed and velocity it can be the equivalence of getting hit by a moving vehicle at 20 MPH. A list of common injuries can include the following:
- Brain injuries;
- Broken orbital socket;
- Significant neck injuries;
- Closed head injuries;
- Spinal cord damage;
- Dental damage;
- Fractured tibia;
- Broken bones
These are only a small list of the injuries suffered as a result of this type of impact. If you have been injured speak to an attorney regarding your claim. You may be entitled to compensation for your injuries.
What should I do?
If you have been injured from a restaurant canopy or umbrella causing injury seek medical attention. Never attempt to diagnose yourself for the injuries, it is always advisable to speak with a personal injury attorney to determine your rights. Do not assume that the establishment cannot be liable. There are plenty of cases which establish liability either against the restaurant or business, the property owner or the awning manufacturer.