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IWAS IN A PUBLIC LIBRARY. THE BUILDING WAS UNDERGOING SOME

 

Customer Question

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

 

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Country relating to Question: United States
State (if USA): Ohio

Already Tried:
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,

Submitted: 330 days and 12 hours ago.
Category: Personal Injury Law
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  LawHelpNow replied 330 days and 12 hours ago.

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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.

I am terribly sorry for all you have endured and truly hope all works out for you. After you rate my answer (look for smiley faces and/or stars plus possibly a green "Submit" button), our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.
Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.

Expert TypeAttorney/Lawyer
Category: Personal Injury Law
Pos. Feedback: 98.8 %
Accepts: 177
Answered: 6/14/2012

Experience: Relax. Let's work together. Practical solutions.

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