Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Im disabled. Both knees are bad, and Im living with one lung.

 

Customer Question

I'm disabled. Both knees are bad, and I'm living with one lung. Carrying the portable concentrator not only makes my knees hurt more, but if makes me out of breath in a shorter period of time.

Over the period of Christmas I couldn't complete my shopping in one store because they were not handicapped available. They had no wheelchairs! I brought it up to the managers and they had no plans on having any in the near future!! It wasn't just 1 store, but mostly many that I had visited in the Mays Landing, NJ stores. Can you provide any help in getting them to supply wheel chairs for those like myself that can't make it through the store to shop?

Thanking you in advance,

Rose Gianfelice
XXX-XXX-XXXX

 

Optional Information:
State/Country relating to question: New Jersey

Already Tried:
Doing 1/2 of my shopping and having to return another day when I'm feeling better. I find this to be truly unfair.

Submitted: 474 days and 23 hours ago.
Category: Legal
Value: $38
Status: CLOSED
Picture
Expert:  LawTalk replied 474 days and 22 hours ago.

Good morning Rose,

I'm sorry to hear of your situation.

I'm afraid that while the ADA does require certain things of store owners in terms of making their premises handicap accessible, No court has found that this obligation includes the requirement that each store have wheelchairs for the use of their patrons. There are a limited few stores who do have such equipment available, but the majority do not and can not be legally compelled to provide them---I'm sorry.

The customer is required to provide their own wheelchair if they have need for one. This is the same for all medical devices---including canes, walkers and other devices that assist folks with mobility---as well as such items as oxygen bottles or portable concentrators. These sorts of medical devices are always the responsibility of the patron to bring with them if they are needed.

I have seen shopping malls where there was a central kiosk where a wheelchair could be borrowed for use in the mall by people in need of them---and perhaps that is where you might direct your push for assistance.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers. I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

Customer replied 474 days and 19 hours ago.

Doug,

 

I have heard that fines can be brought against the individual stores to push them to accomodate those in need of wheelchairs, et al. Would this not be discrimination?

Accepted Answer

Picture
Expert:  LawTalk replied 474 days and 19 hours ago.

Good morning,

You have heard about the failure to provide reasonable accommodations for customers. This typically revolves around accessible buildings. The provision of wheel chairs has never been required under the law.

What you are talking about---the problem you encountered----does not constitute discrimination. I'm sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug


Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.3 %
Accepts: 7314
Answered: 1/10/2012

Experience: I am a practicing attorney with more than 27 years of experience in the legal field.

Ask this Expert a Question >
 
Tweet

9 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
I am being denied my beer and wine license in California for 4/26/2013
I live in NYC Mitchell/Lama housing- have had a parking space 4/26/2013
Hello, I have recently encountered a situation with an airline 4/25/2013
What happens if you review your student loan file and find 4/25/2013
Can a book written by a pyschologist be used as testimony by 4/25/2013
hi have a question regarding a legal notice that i received 4/25/2013
What is a reasonable amount of time to expect an attorney to 4/25/2013
Myself and 2 siblings formed a Corporation for our family farm. 4/25/2013
Our 39 year old daughter passed away last July (2012) leaving 4/25/2013
Dear Expert, I developed and managed what could be, arguably, 4/25/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
166 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan