Umbrella injury could cost cafe $280k
An incident with an umbrella could cost a Burleigh Heads cafe thousands after a patron was allegedly left with head, neck and psychological injuries.
Alice Mary Brown is suing The Pantry Cafe in Burleigh Heads after she was left with head, neck and psychological injuries when the umbrella fell on her head about 12.30pm on March 10 last year.
She has launched legal action in the Southport District Court against 1770GC Pty Ltd who operate The Pantry Cafe.
"A gust of wind caused the umbrella to blow over, striking (Ms Brown) in the head," the documents said.
The executive assistant, who works at Southern Cross University, was forced to take several days off work due to her injuries.
"Due to her neck pain and head injury (Ms Brown) was sent home by her employer and subsequently was allowed to work from home for approximately one month to allow her to manage her injuries," court documents said.
It is claimed she has needed more days off work due to aggravations of her injuries.
The falling umbrella left her with a head wound and head, neck, upper back and psychological injuries, it is alleged.
Ms Brown also claims the umbrella strike has meant she cannot longer take part in her regular recreational activities and has "lost and continues to lose some of the enjoyment in many amenities of life".
In the documents claim The Pantry failed to "provide outdoor umbrellas which were safe for use by consumers" and failed to "take adequate precautions as to the approaching inclement weather/storm".
"(The Pantry) failed to carry out regular inspections of the outdoor umbrella to ensure that same were adequately secured/weighted down and not at risk of falling and striking a customer," the documents said.
It is also alleged The Pantry did not have a council permit to have outdoor umbrellas at the cafe.
The Pantry is yet to lodge a defence.