Q: I was at the beach, lying down and relaxed. A gentleman in front of me had an umbrella up, a towel stretched out and a beach chair. He went in the water and left the umbrella unattended. The wind picked up, the umbrella came undone and before I knew it, the umbrella hit me, with one of the spokes damaging my eye. It happened very quickly. The injury is painful and has required medical care. He tells me it was an accident, but I think he is liable. Any thoughts?
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J.A., Redondo Beach
A: Let’s start with the basic rule in California per Civil Code Section 1714: A person is responsible for injuries caused by his “want of ordinary care or skill” in managing his property or person. An initial inquiry then: Is there carelessness associated with this gentleman’s behavior?
It is well known that umbrellas at the beach are susceptible to being blown over by wind. Did he take precautions to avoid that? Did he secure the umbrella well? Should he have taken the umbrella out of the sand and laid it sideways until he got back from his time in the water?
Wind can be treated as an “act of God,” however, which might present a defense here. Acts of God are often deemed to be circumstances beyond human control. Even so, was it windy that day? Had there been other gusts of wind? Can he argue credibly that the gust that blew over his umbrella was unforeseeable? Did he just stick the umbrella in the sand? Was it an umbrella with a particularly large top? Were there people, not just you, in the vicinity who could have been injured as well?
Some further questions: Do you have any photos? Are there any witnesses? Was a report done of the incident and if so, what does it say?
Bottom line, you may have a claim, and it may succeed, but there are certain pieces to put into place to be able to carefully evaluate it. I would not rule out a claim.
Q: Lifeguards at the beach have a challenging job, which can include putting themselves at risk trying to rescue someone. Are they wholly protected from claims, or are even lifeguards subject to someone making a claim against them?
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M.H., Seal Beach
A: The California Government Code at Section 831.2 provides: “Neither a public entity nor a public employee is liable for an injury caused by a natural condition of any unimproved public property,” which includes the natural condition of a “bay, river or beach.” Since Section 831.2 indicates that public beaches are deemed to be in a natural and unimproved condition, this code provision applies to a beach.
Government Code Section 820.2 also gives protection to a public employee (such as a lifeguard) for an injury that results from an act or omission that involves his or her discretionary decision as part of the job.
Thus, there are shields, but they are not absolute; a lifeguard is not wholly immune from claims. For example, if he or she undertakes an action that is part of a discretionary decision, but negligently performs that activity, it is possible liability could attach.
To assess a potential claim, it is necessary to determine what the lifeguard did or did not do, as well as whether the harm that occurred was the result of a natural condition of the beach, or the conduct of the lifeguard. Further, look into whether the lifeguard violated some basic standard, regulation, training requirement or accepted procedure.
As with the question above, there is a level of investigative due diligence needed to ascertain potential liability. The lifeguard, however, certainly and understandably has greater protections than the typical beachgoer whose umbrella is uprooted and causes injury.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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