Canopy Umbrella Stand Accident Injury Lawyer

Recent worldwide events have elevated outdoor dining to unprecedented levels, and there have been many unique accidents and scenarios unfolding due to this change in procedure. If you were hurt in such an accident, you can pursue legal action and receive compensation for your injuries. Our team of expert attorneys at the Normandie Law Firm will be able to secure you the compensation you deserve. We have handled numerous claims regarding umbrella fall accidents in restaurants, and we are among the best in the field.

Umbrella Stand Accidents
Given the large amount of restaurants that are conducting outdoor dining, it is no surprise that umbrella stands are in constant use. They keep patrons cool and in the shade. However, restaurants do not often have these umbrella stands on standby. They had to order them in rush orders or buy them second hand, so they may not all be properly working; some may be defective and have broken bases, while others could very well be worn from weather and use.

These accidents can also happen when waiters or staff bump into them, when passersby hit the tables, or when patrons smack into the stands. Animals and pets that are passing by can also cause the umbrellas to fall. Restaurants often do not take necessary precautions to ensure that there will be no injuries if the umbrellas or stands fall on their customers.

Types of Injuries from a Defective Umbrella Stand
If an umbrella stand falls over, tips over, or detaches from its base or a table, it can cause serious injuries to whomever it hits. The impact can be severe, too, depending on the victim’s status. For example, elderly individuals likely would not be able to move as quickly, and would be struck with the full force of the umbrella. Small children would also have less surface area and would be struck more fully. 

• Concussions
• Traumatic brain injuries
• Sprains
• Internal bleeding
• Nerve damage and loss of sensation
• Muscle damage
• CRPS, or Complex Regional Pain Syndrome
• Neck and spinal cord injuries
• Fractures
• Broken bones
• Closed head injuries
• Internal organ damage
• Blunt force trauma
• Crushing injuries
• Puncture wounds
• Paralysis
• Coma

The degree of these injuries can create long-lasting effects that may need years of treatment and numerous surgeries. You should seek treatment immediately after getting injured.

How to File a Lawsuit for an Umbrella Stand Injury
In order to file a lawsuit against a restaurant for injuries, you will need to prove that the restaurant was negligent. A premises liability claim can be filed if you can show that the property owner or manager was not careful in his duties. You can point to one of three situations:

• The property owner knew there was a hazard or issue and did nothing to correct it or warn customers
• The property owner caused the danger at the restaurant
• The property owner was not aware that there was a problem, but he reasonably should have been

Once you have established the cause of negligence, you should seek to gather evidence. However, it is extremely important that you seek medical treatment first. You do not want to spend time without getting checked, as the delay can worsen your injuries and negatively impact your claim. While at the hospital, you should also make copies of all medical receipts, treatments, medical charts, test results, and more. You can also request that the insurance billing papers be sent to you immediately.

You should take pictures of the injuries you suffered to illustrate the extent of the damages, as you may heal quickly. You also can take pictures of the umbrella stand and scene of the accident to show how the issue arose.

You will need to file an incident report with the restaurant to alert them to the injuries and the fact that you intend to sue.

If there were any eyewitnesses who saw the incident happen and can attest to the umbrella stand falling, you should ask them to give you their statements and testimonies. This will help your claim and strengthen it.

Finally, it will benefit your case if you hire an attorney with experience in premises liability lawsuits. You should not try to handle this lawsuit by yourself, as you may find it extremely difficult to move forward. An attorney will be on your side and help you succeed.

Statute of Limitations to Sue a Restaurant for an Umbrella Stand Injury
The statute of limitations is the time frame during which you can file a claim. If you fail to sue the restaurant within this time period, your claim will expire. You will therefore not be able to receive any restitution in the future for your injuries or to cover any expenses. This is why it is so important that you act quickly; you will reduce the risk of missing out on compensation, and you will not have any lengthy delay in receiving coverage. Further, the longer you wait, the more likely it is that the necessary evidence and testimonies from eyewitnesses will be lost.

In California, the statute of limitations for personal injury lawsuits is two years from the date of the injury. This can be extended, though, if your case meets certain criteria. For one, minors cannot legally sue – parents or legal guardians can do so on their behalf. If that does not happen, though, the minor can wait until he turns 18 years old to take legal action. During that time, the statute of limitations will not count down. Further, anyone who is left incapacitated after the incident can wait until he returns to functionality or awareness before he takes action. Moreover, the defendant must be present in California. If he has left the state, then the time limit will not count down until he returns.

You can make sure that you stick to the statute of limitations if you contact our attorneys. We know that many individuals fail to understand that there is a time limit, or they do not pay attention and the claim ends up expiring. We will always work on deadline and will not run the risk of your lawsuit missing any important dates.

Value of a Lawsuit against a Restaurant
The value of your lawsuit is primarily determined by the insurance agent put in charge of it. There are a number of factors he will consider, such as the injuries you suffered and your job. If your injuries were particularly severe and had a profound impact on your daily life and career, he would likely increase the value or offer. He would inversely lower the offer if you were partially responsible for the incident in some way. For the most part, insurance agents don’t want to pay out large settlements. They want to ensure that their companies have the highest profits possible, and if they paid off settlements, this would hurt their bottom line. They thus do everything possible to prevent you from being paid, such as delaying conversation, making small offers, dismissing claims based on false statements, and more.

Our attorneys will fight to win you the following forms of compensation:

• Medical bills from the past and future for any hospitalization, ambulatory transportation, surgery costs, prescription medication and drugs, physical rehabilitation or therapy sessions, and more
• Missed income from the past and future if you were unable to return to work due to injury, recovery time, or medical treatments; this income can include lost benefits, lost tips, unpaid commissions, salary reimbursement, and more
• Property damage if your personal items and belongings were broken in the incident and must be repaired, or if they were lost and must be replaced
• Pain and suffering damages to compensate you for mental stress, fear, anxiety, PTSD, psychological scarring, and more

Further, it is possible that an umbrella stand can cause such serious damages that they could lead to death. If a loved one passed away in the incident, you could also pursue wrongful death damages. These expenses include funeral and burial expenses, loss of expected savings and inheritance, loss of consortium and relations, pre-death medical expenses, pre-death pain and suffering, and more.

Our attorneys will not stop working for your fair compensation until we are satisfied with the result of the case.

Why Choose Our Firm
Normandie Law Firm is one of the highest rated legal groups in California. We have decades of combined experience on our side, and cumulatively, we have recovered more than $100,000,000 in damages for our clients. If you are in need of an umbrella stand fall lawyer, look no further than our firm. You can call us for a free legal consultation to discuss your claim and ask us anything you wish. We will look over your case and tell you what we believe the value of your case is.

If you hire us, we’ll also give you our zero fee guarantee. You will pay nothing out of pocket for our services. We will only get paid if we win, and the money will come out of the settlement from the restaurant. If we lose, we take nothing whatsoever.

To file a lawsuit for an umbrella stand injury at a restaurant, get in touch with Normandie Law Firm today.