IWAS IN A PUBLIC LIBRARY. THE BUILDING WAS UNDERGOING SOME MODERNAZATION. THERE WAS NO DISABLED ENTRANCE AVAILABLE, AND AN EMERENGCY ENTRANCE WAS BEING USED. AS I EXITED THE BUILDING I HAD TO WALK DOWN A LONG HALLWAY (DIMLY LIT). WHEN I OPENED THE DOOR THERE WAS AN IMMEADITE DROP OF 10". I STEPPED OUT, AND TOOK A NASTY FALL. EVEN IF A BLDG IS UNDER RENOVATION ARENT THEY REQUIRED TO HAVE DISABLED ACCESS? I AM DISABLED
Country relating to Question: United States
State (if USA): Ohio
TALKED WITH AN INSURANCE REP WHO INSTRUCTED ME TO GET ANY MEDICAL TREATMENT, AND SUBMIT THE BILLS TO THE CO. I WENT TO THE HOSP THAT NIGHT,GOT X-RAYS. THEY WANT TO DO AN MRI. I JUST HAD ONE IN JAN FOR CONTINUNING BACK PROBLEMS. THE INS MAN CALLED THE NEXT DAY, AND SAID THE LIBRARY HAS "SOVERIGN IMMUNITY", AND THEY WONT PAY ANYTHING. MY INSURANCE CO WILL NOT AUTHORIZE ANOTHER MRI,
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QUESTION: " EVEN IF A BLDG IS UNDER RENOVATION ARENT THEY REQUIRED TO HAVE DISABLED ACCESS?"
ANSWER: Yes. Absolutely. And beyond the accessibility requirements, imposed primarily pursuant to the federal Americans with Disabilities Act, there are important state law "premises liability" tort law issues at stake here as well. And yes, the doctrine of sovereign immunity certainly is a factor, but there is a more modern statute making important waivers and modifications to that ancient doctrine, namely the Ohio Political Subdivision Tort Liability Act. Speaking candidly, time is of the essence in asserting such claims. In all honestly, you need to schedule a free consultation with a local plaintiffs' trial attorney just as soon as possible.
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