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Umbrella poking at your eyes (liability of management/occupier)

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  1. #1

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    Umbrella poking at your eyes (liability of management/occupier)

    Let's say you are walking on a private property (outdoor). And it is a bright sunny day.

    A Mainland Chinese woman holding an umbrella with her face looking down (ie, not looking straight forward) pokes someone in the eye. The victim is seriously injured.

    Can the victim sue the management company (or owner/occupier) of the private property?

    What if this has happened before on numerous occasions? Over the course of many years, let's say..

    thanks.


  2. #2

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    Don't think "mainland Chinese" is relevant. Plenty of locals do the same.

    In any case, the person who poked you is personally liable, not the management of the property you were on (unless she was there in an employment capacity). You could try to sue but you would probably spend more money on legal fees than you would recover.


  3. #3

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    Is this an anecdote or a legal advice question?

    If it's legal advice, I'd suggest that there are details in your question that are superfluous to the legality issues (eg. That the woman is from the mainland)

    If it's an anecdote, tell us more...

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  4. #4

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    If you got your eyes poked out by Mainland Chinese women numerous times over many years I think the fault lies with you. You might wanna learn how to safely walk around in public or invest in some safety goggles.

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  5. #5

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    Quote Originally Posted by nivek2046:
    Let's say you are walking on a private property (outdoor). And it is a bright sunny day.

    A Mainland Chinese woman holding an umbrella with her face looking down (ie, not looking straight forward) pokes someone in the eye. The victim is seriously injured.

    Can the victim sue the management company (or owner/occupier) of the private property?

    What if this has happened before on numerous occasions? Over the course of many years, let's say..

    thanks.
    Try and ambush them next time. When they are looking at their phone, trip them up, grab their umbrella and stab them in the eye....then make a quick exit before she screams for management.....
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  6. #6

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    My real question is this.

    That Mainland Chinese woman is about to cause me or someone grievous bodily harm (ie, poking a person in the eye), can I use "reasonable force" to prevent that from happening?

    One minor observation: she is looking down on the floor (not straightforward) deliberately with the umbrella blocking her front view as if she does not want to look ahead and wants people out of her way. (But I am not saying she wants to cause someone grievous bodily harm intentionally.)

    I mentioned Mainland Chinese woman because that person has no residential address (or probably no asset) in Hong Kong.

    If this happens frequently, can the management company do something about this?

    thanks.


  7. #7

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    Quote Originally Posted by ArrynField:
    Try and ambush them next time. When they are looking at their phone, trip them up, grab their umbrella and stab them in the eye....then make a quick exit before she screams for management.....
    that's exactly what I was thinking!!
    ArrynField likes this.

  8. #8

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    Why the heck are you asking this?

    Who knows...

    But anecdotally there is a certain professional group of people in HK that has been known to poke out eyes causing blindness and there have been no liability issues.

    aw451, ArrynField and mysti like this.

  9. #9

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    Can you make use of a pair of hands or a voice box?

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  10. #10

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    I think if you were to grab her umbrella,.forcibly move it out of the way and exclaim loudly about how dangerous not was, you might achieve your desire of it not happening again. Until someone does that she's not going to change.

    This is not a legal issue, or a management issue. It's an interpersonal issue dealt with by interacting nwith the other person.

    Only an American would be looking to sue.


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