Legal Question in Personal Injury in California

Does an invitor owe a DUTY to assist a physically handicapped invitee? I am trying to find case law on this but I cannot. I have a Plaintiff who was injured in the parking lot of a store. Before leaving he asked the employees at checkout to help him carry his items to the car, and they declined to help. He subsequently fell from his wheelchair and injured himself. Did the business owe a duty to help him carry out his purchase? I was going to just argue the facts under foreseeability, that because he is handicapped and carrying many items onto a parking lot that is in bad shape, it was foreseeable that he could hurt himself. However, if there is a law that requires business owners to help physically handicapped persons carry their things out to the car, or assist in any manner, that would be best because it would be negligence per se. Please help! - 2nd year associate


Asked on 3/20/14, 4:28 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

There is no such law or duty. In theory the discrimination laws are not designed to convey special privileged status and preferential treatment on handicapped people, only to avoid adverse 'discriminatory' treatment or effect. The closest you get is the requirement to provide access accommodation with wide doorways and aisles, ramps, etc. IF the store regularly provides or offers 'to the car' service to all, but refused him, you could argue discrimination motive for the denial. Anyone could argue foreseeability, whether handicapped or not, but would first have to show there was a duty, when there is not unless there was some known but hidden dangerous "condition" in the parking lot access. Carrying items as described placed him in 'assumption of the risk', just as anyone else.

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Answered on 3/21/14, 3:09 pm


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