1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

ADA issue? Can they sue?

Discussion in 'Civil Court, Procedure & Litigation' started by shrinkmaster, Nov 18, 2019.

  1. shadowbunny

    shadowbunny Member

    Messages:
    28
    Likes Received:
    38
    Trophy Points:
    13
    Seriously? They would have to be TOLD that dropping off their disabled passenger was an option? Was this facility on the edge of a cliff? Or at the bottom of the ocean? That is just so absurd -- perhaps the driver shouldn't be allowed to drive at all if he/she is that lacking in common sense.
     
  2. shrinkmaster

    shrinkmaster Law Topic Starter Well-Known Member

    Messages:
    3,704
    Likes Received:
    278
    Trophy Points:
    83
    I have share this info and your questions/concerns. The family left out specifics to avoid problems while decisions were being made. I have spoken with them and can share some of this info.

    . Park is in CA (Knotts Berry Farm to be exact)
    . Park was contacted and asked if they had Handicap parking and answer was yes it was also explained that the person with handicap could not walk for very long without pain. this was brought up because there was also a concern over access to rides and lines. So yes they knew
    . It was presumed that park like Disneyland and others had a tram or the like to take such person to gate.
    . Yes they have a Wheel chair. If they had used it they would have had to push disabled person to gate inside park and to chair rental to get electric one then take chair back to car and come back. then do reverse to go home.
     
  3. Zigner

    Zigner Well-Known Member

    Messages:
    1,536
    Likes Received:
    822
    Trophy Points:
    113

    I am VERY familiar with Knotts (I'm a passholder). Knott's has a special drop-off point directly in front of the gate and you pass it on the way to the parking. Handicap parking is available, but a bit limited and hard to get a spot (unless you're lucky). There is not going to be an ADA violation here.
     
    hrforme, army judge and Red Kayak like this.
  4. shrinkmaster

    shrinkmaster Law Topic Starter Well-Known Member

    Messages:
    3,704
    Likes Received:
    278
    Trophy Points:
    83
    The "drop off" area was presumed to be for "drop offs" Like parents dropping off kids not to leave a handicap person while you go park.
     
  5. Zigner

    Zigner Well-Known Member

    Messages:
    1,536
    Likes Received:
    822
    Trophy Points:
    113

    That means that they did see it prior to parking and knew it was available.
     
    army judge likes this.
  6. Red Kayak

    Red Kayak Active Member

    Messages:
    119
    Likes Received:
    119
    Trophy Points:
    43
  7. army judge

    army judge Super Moderator

    Messages:
    31,207
    Likes Received:
    4,535
    Trophy Points:
    113

    hrforme, Red Kayak and justblue like this.
  8. shadowbunny

    shadowbunny Member

    Messages:
    28
    Likes Received:
    38
    Trophy Points:
    13
    That's just nonsense.
     
    Zigner, justblue and army judge like this.
  9. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    599
    Likes Received:
    307
    Trophy Points:
    63

    That presumption is not a logical one. Why in the world would they think that a drop off that could be used for kids and elderly could not also be used for disabled persons? In any event, why wouldn't they ask if they were not sure?
     
    Zigner and justblue like this.
  10. mightymoose

    mightymoose Moderator

    Messages:
    10,733
    Likes Received:
    1,699
    Trophy Points:
    113

    We have one in my town. He went around looking for any business missing a ramp, railing, or not a wide enough space. Was a big stink for awhile as it was obvious he wasn't even a customer of the business, just in search of violations.
     
    army judge likes this.
  11. shrinkmaster

    shrinkmaster Law Topic Starter Well-Known Member

    Messages:
    3,704
    Likes Received:
    278
    Trophy Points:
    83
    Because "Handicap" parking is suppose to put the person close enough to destination. I checked there is NO SIGN other than one that reads drop off. If you have ever used a placard its a safe assumption that Handicap parking would be close to gate or (like other parks) there would be a transport to get persons to gate. So I an see why they did not use this option. It is also an issue of leaving the person alone or without assistance while car is parked. However I got what the family needed and pass it on what they do is up to them. Thank you all for your input
     
  12. army judge

    army judge Super Moderator

    Messages:
    31,207
    Likes Received:
    4,535
    Trophy Points:
    113

    Yes sir, Handel had that discussion a few weeks ago about handicap ramps and how much it costs small businesses, most of them never see one handicapped customer.
     
  13. Zigner

    Zigner Well-Known Member

    Messages:
    1,536
    Likes Received:
    822
    Trophy Points:
    113

    Once they realized the distance to the disabled parking, they should have circled around to the drop-off point, dropped off the disabled person and THEN went to park.
     
    hrforme and shadowbunny like this.
  14. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    599
    Likes Received:
    307
    Trophy Points:
    63

    Well, one might argue that a big reason why those businesses never see a disabled customer in a wheelchair or other mobility device is because without a ramp or other access, those customers can't enter the business. ;)
     
  15. army judge

    army judge Super Moderator

    Messages:
    31,207
    Likes Received:
    4,535
    Trophy Points:
    113

    I was simply a fascinated listener, with no expertise or direct involvement in the issue.

    One caller did claim that certain people are engaged to identify targets to assist a lawyer as he creates the lawsuits.
     
    Zigner likes this.

Share This Page