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Smiling JOe

SoWal Expert
Nov 18, 2004
31,648
1,773
I want the beach clean as much as the next guy, but can you provide information on one case in the past where someone was injured in flying beach items.

From NYTimes.com:
By ANEMONA HARTOCOLLIS
Published: May 18, 2006
Photo: Phyllis Caliano-Bahaj and her lawyer, Devon Reiff, under an umbrella like the one that went airborne at Robert Moses State Park in 1999. Ms. Caliano-Bahaj, who says she has nerve damage, was awarded $200,000. (Photo by Tina Fineberg/Associated Press)

To anyone who has ever tried to hammer a beach umbrella into the sand and found it to be as hard as, well, building castles in the sand: Beware.
A Lower East Side woman has won a $200,000 settlement from the State of New York, almost seven years after the wind blew a beach umbrella into her head at Robert Moses State Park.
The woman, Phyllis Caliano-Bahaj, 53, said she was lounging on the beach on July 19, 1999, watching her son, Zachary, who was then 8, and three friends play in the sand when the weather turned stormy and gusty. A 6-foot, 15-pound striped umbrella that was either being used by a lifeguard or rented by a beach patron flew up and struck her in the forehead, ''like a torpedo,'' her lawyer said.
The resulting gash needed 13 stitches, and she was left with permanent nerve damage to her neck and persistent pain that forced her to ''tone down'' her athletic pursuits, Ms. Caliano-Bahaj said yesterday.
In a November 2003 decision, Judge S. Michael Nadel of the Court of Claims in Albany held the state fully responsible for the accident...
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You can also search youtube.com for "umbrella attacks woman," or just click the link >>>YouTube - Woman Hit By Umbrella, Pensacola Blue Angels Show 2008http://www.youtube.com/watch?v=8ixXsXli8QM"][b]click here[/<<< to see these on P'cola Beach.

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Four weeks ago, I saw a big umbrella at Seaside go flying and tumbling down the beach at a rate of speed high enough to cause major damage and possibly death if it had hit one of the many people not running from its path. If the sharp wooden spike had hit someone, I would have hated to see what may have happened. Fortunately, no one was hurt. This wasn't the first umbrella I saw tumbling down the beach here in South Walton.
 

Everytime

Beach Fanatic
Jul 9, 2005
439
113
Shelby County, Alabama

And this occurred in sunny daylight with lots of people on the beach: good in that there were some to chase the umbrellas down, bad in that some got hit and others were at risk. And I have seen one of those tailgating tents take flight as well, and I've seen beach gear land in Eastern Lake, etc. At night time, it wouldn't be as easy to spot the umbrela flying at you from a few parcels over.
 

GoodWitch58

Beach Fanatic
Oct 10, 2005
4,816
1,921
A. What do you expect mw to do - welcome them with open arms and offer them a drink.
Posted via Mobile Device

Maybe you should give it a try sometime--might find that sharing is a pleasant experience....:dunno:
 

Everytime

Beach Fanatic
Jul 9, 2005
439
113
Shelby County, Alabama
Do you leave lawnchairs in your backyard at night? Actually I have two things that I leave in my backyard (you call it The Beach) at night - adirondak chairs thatt are so heavy that rest well at night knowing they are not going to fly around my neighborhood.

At 78 I no longer play volleyball nor do I throw trash down in my backyard, but those who daily cross my property regulary discard their refuse on my property. What do you expect mw to do - welcome them with open arms and offer them a drink. All of your ordinances and code enforcement officers will do nothing to stop the activity that many believe to be some constitutional right that says "Whats mine is mine and what is yours is mine as well".
Posted via Mobile Device

I do leave a picnic table and chairs and a grill on my deck at night, and another dining set on the patio below. But I live 200 miles inland, and the only times I have to secure them is when a huricane makes its way up here or we have tornadoes or straightline winds, and I position everything up against the house. I live in a very hilly neighborhood with dense woods behind my fence line, and we do not experience the same type of open-air wind gusts up here that would be experienced in a coastal community; none of my furniture has ever moved in a storm (knock on wood).

And I agree with you about those who traverse your property and discard trash. I even agree with the property ownership rights of beachfront property owners (probably up to the MHWL), but I think with the right comes a unique responsibility regarding leaving items on the beach. As I stated in one of my first posts in this thread, I think a stationary, competition type volleyball net up near the dune line should be regulated like dune walkovers.
 

Interested Girl

Beach Fanatic
Aug 15, 2008
465
58
So your deed doesn't go to the Mean High Water Mark? It goes right up to the water? If you think you will win, then I guess you are taking your chances. I've heard too many cases where a trespasser won, even when the property was fenced off.

Just a figure of speach - I have had it surveyed and have eastablished where the MHW mark is.
Posted via Mobile Device
 

wrobert

Beach Fanatic
Nov 21, 2007
4,134
575
61
DeFuniak Springs
www.defuniaksprings.com
And this occurred in sunny daylight with lots of people on the beach: good in that there were some to chase the umbrellas down, bad in that some got hit and others were at risk. And I have seen one of those tailgating tents take flight as well, and I've seen beach gear land in Eastern Lake, etc. At night time, it wouldn't be as easy to spot the umbrela flying at you from a few parcels over.


Sheesh! I did not realize what a danger these things were. I guess you guys are right. And that liability could occur anytime day or night.

Well....the only logical thing to do......since the umbrella is the one doing all the damage. I guess it is time to see if we can get the BCC to just go ahead and BAN beach umbrellas. I see little difference between them and guns so I am sure that I can count on the support of most people on this board.
 

Allifunn

FunnChef - AlisonCooks.com
Jan 11, 2006
13,636
288
St Petersburg
E-mails records were filed for by hte plantif that showed horror stories of items such as Rolex watches hidden in coolers being thrown in the landfill.
Is this for real?? This is considered a horror story?? A real horror is how people are allowed to destroy our beaches by leaving things on the beach that end up in our ecosystem, destroy wild life, habitats, dunes and sometimes (in the case of early this morning)) a storm will blow through and any tents, chairs OR COOLERS could be blown into someone's residence and create damage. Another scenario of horror would be if someone were actually injured by a projectile chair or tent, as SJ posted. A rolex pretty much seems TRIVIAL left in a cooler compared to the REAL HORROR. If I had a rolex I certianly would not wear it on the beach :roll: Sand + $2000 watch = :blink: (just MHO)
 
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Andy A

Beach Fanatic
Feb 28, 2007
4,389
1,738
Blue Mountain Beach
Is this for real?? This is considered a horror story?? A real horror is how people are allowed to destroy our beaches by leaving things on the beach that end up in our ecosystem, destroy wild life, habitats, dunes and sometimes (in the case of early this morning)) a storm will blow through and any tents, chairs OR COOLERS could be blown into someone's residence and create damage. Another scenario of horror would be if someone were actually injured by a projectile chair or tent, as SJ posted. A rolex pretty much seems TRIVIAL left in a cooler compared to the REAL HORROR. If I had a rolex I certianly would not wear it on the beach :roll: Sand + $2000 watch = :blink: (just MHO)
Just bear in mind, more money than common sense. And they live among us and can VOTE!
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,648
1,773
Just a figure of speach - I have had it surveyed and have eastablished where the MHW mark is.
Posted via Mobile Device

That is interesting because my understanding is that the MHWM is a 13 year moving average and therefore changes frequently.
 
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