Legal Question in Personal Injury in Oregon

Pre-existing Condition/Wheelchair accessibility

If a person has newly contructed and remodled an area of their residence to do business out of that residence, claiming that they are wheelchair accessible and a disabled person with a preexisting condition was injured at the place of business, re-injuring the preexisting condition due to possible A.D.A. accessibility issues at that the place of business, is this grounds for a case?

I was paralized, from the upper chest down, ten years ago due to a car accident. The last three months I have been attending physical therapy to help with shouler and neck problems. I recntly went to a place of business advertised as wheelchair accessible.

As I was leaving, I fell due to the threshold of the newly constucted and remodled office area of the residence. Although I did loose conscious from hitting my head and shoulder. I also re-injured the neck and shoulder area's that I had just started to get rehabilitated. I had made enough progress to start independently transferring into my car and driving again. But due to the fall I am currently not able to do these same activities extending my rehabilitation program even further, and limiting my independence once again.


Asked on 5/12/02, 1:13 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Re: Pre-existing Condition/Wheelchair accessibility

You may have a valid tort action against the owner of the business where your injury occurred.

I do not do tort cases in my law practice and cannot assist you further. You could contact any number of attorneys who handle tort claims, such as Mark McDougal at 503-224-2647 in Portland.

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Answered on 5/12/02, 11:09 pm


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