When it comes to personal injury incidents, they are not always open and shut cases. Though people can be injured in numerous ways, to have a valid argument against another person the injured party must prove the other person’s negligence caused the injury. Getting hit in the face by an umbrella, while an unusual way to be injured, may be a difficult case to win depending upon the circumstances.
Proving Negligence
Because it is common for someone to shake out an umbrella after using it, the act itself generally would not be considered negligent. However, if the person shook out the umbrella while standing unnecessarily close to another person, or did so in a crowded area where it would be reasonable to believe someone may be struck by the umbrella, negligence may be a bit easier to prove. In these situations, having witnesses to verify what happened could make a significant difference in deciding whether or not negligence existed.
Seriousness Of The Injury
In addition to proving negligence, the seriousness of the injury could factor into whether a personal injury lawsuit is justified. While umbrellas are generally not seen as lethal weapons, they can still inflict serious harm if the point on the end were to strike someone in the eyes or other parts of their face. If the resulting injury is serious enough to warrant medical care, a personal injury suit may be justified. If a combination of negligence and serious injury are shown to have occurred, the victim may find themselves entitled to compensation for medical bills, lost wages, and possibly pain and suffering if the resulting injury leads to scarring, disfigurement, or loss of vision in one or both eyes.
Personal Injury Attorneys
No matter the circumstances, a person who is considering filing a lawsuit needs the services of an experienced personal injury attorney. Having handled numerous cases involving both common and uncommon circumstances, these attorneys can take a close look at the evidence, listen to the victim’s account of the incident, and be able to give them reasonable advice and options. While getting struck with an umbrella may be considered out of the ordinary, it is nevertheless an incident that can cause potentially serious and life-altering injuries. By speaking to an attorney about the incident, a person can be given a much clearer explanation as to whether or not they have reason to pursue legal action. Contact Frasier Law today or call 918-779-3658.