Times Colonist

Restaurant ruled liable for injuries by umbrella


VANCOUVER — A Kitsilano Beach restaurant has been found liable for injuries a customer sustained after a patio umbrella came loose in a gust of wind and struck her.

Krysta Wilde, 36, went to Malone’s restaurant for drinks with two friends on a sunny but breezy day in April 2005 and sat at a table with a patio umbrella right behind her.

The umbrella was picked up by a gust of wind and hit her on the head. The eatery claimed there’d been no previous incidents but Wilde said there was a similar incident several months after she was injured.

“After the umbrella hit Ms. Wilde, she appeared to be in pain and complained of a headache,” said B.C. Supreme Court Madam Justice Donna Martinson in her reasons for judgment.

“Her evidence is that she has been unable to work since being hit by the umbrella because of her injuries, which include constant headaches, daily dizzy spells, inability to concentrat­e and sleeping for long periods of time.”

Wilde was employed helping the visually impaired but hasn’t worked for three years.

She argued in court that the company breached its duty of care to her.

The restaurant denied that it was negligent.

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