Whilst taking a dip in the local council pool or at the beach, most of us would not expect to be seriously injured by a runaway umbrella, however, runaway umbrella injuries are not as rare as you would think. According to the US Consumer Product Safety Commission, more than 31,000 people required hospital treatment from umbrella related injuries between 2008 and 2017, and a Virginia woman was actually killed by an umbrella in 2016.
Closer to home, serious injury was a reality for a Sydney woman, who was injured at her local pool last year.
Ms Salim was supervising her two children at the local pool centre at Revesby, when a heavy gust of wind picked up a large beach umbrella, causing it to strike her head, back, neck and shoulder. The force of the collision was so strong that it pushed her into the pool.
The Defendant Council admitted that the umbrella had not been properly secured to the ground, however, there was a dispute over the severity of Ms Salim’s injuries and the amount of compensation she was entitled to receive. Ms Salim gave evidence that following the accident, she was “bedridden” for six months. She also said that during those six months, she was unable to do her usual housework and was only able to pull a blanket over her bed.
The Court found that while Ms Salim had clearly been injured, her evidence was inconsistent. For example, she returned to work after two weeks as a school teacher (in physical education), yet claimed that she had required her husband and mother to do everything around the home for six months. She also said that she was no longer able to go to the gym or go bike riding with her kids. There was a real question as to the extent of Ms Salim’s injuries, the Council suggesting that all of her injuries had resolved after six months and she was no longer restricted in her home or work life.
The Court ultimately made a decision which was “in the middle” of the medical evidence from each party. It was found that Ms Salim would have experienced difficulty completing heavy, repetitious and overhead tasks at home for two months following the accident, however, the Court did not accept that her injuries would worsen over time, nor that she would be unable to continue working as a full-time teacher. Ms Salim was awarded compensation totalling $167,091.87, for treatment expenses, lost wages, domestic assistance and pain and suffering.
This case is a stark reminder of how people can be exposed to injury in their everyday life, in the most unexpected circumstances.
If you have been injured and require advice on making a claim, call our experienced Injury Compensation Team on (02) 4626 5077.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
