Legal Question in Disability Law in California
Discrimination Laws
I have a modified van that is fully equipped. The problem is the van is unsafe to drive. The brakes are underrated for the additional weight added. The adjustable brake/throttle system, standard on this van, drops from its upper position to its lowest position and returns to its upper position violently on its own causing temporary loss of control of the van. The van was purchased in '05, modified including hand controls, and delivered in '06. It was driven 3 times and now is parked for safety. A lawsuit was filed against the modifiers and the dealership. There has been lots of finger pointing but nothing has been resolved in almost 2 years to remedy the problem. Meanwhile I am without my van. I would like to file a lawsuit against all parties involved. Is this feasible or is there another way by stating the ADA law of discrimination by not repairing or replacing this van so I may continue with a quality of life I was used to before becoming handicapped, being able to drive myself.
I feel as though the modifiers and the dealership are ignoring me and their responsibility to supply a safe vehicle to me to drive.
1 Answer from Attorneys
Re: Discrimination Laws
If you purchased the van you may have claims against both the dealer and manufacturer. If there is litigation going on, you probably should be involved.
However, your claims will probably not be based on disability discrimination. instead, you have claims of Breach of Contract, negligence, warranty and perhaps other consumer protection laws.
If the van is not owned by you, more information will be necessary to determine whether you have any claims. In any case, act promptly to secure counsel as all claims have time limits which are strictly construed - if you are late, your claims can be barred forever.
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