LISTSERV - C-PALSY Archives - LISTSERV.ICORS.ORG

Message-ID: <005001c115d1$3af27180$617145cf@0019026415>
From: "Daniel Hosack" <[log in to unmask]>
To: <[log in to unmask]>
Subject: Wheel Chairs in transit
Date: Thu, 26 Jul 2001 08:48:11 -0400
MIME-Version: 1.0
Content-Type: multipart/alternative;
        boundary="----=_NextPart_000_004D_01C115AF.B329B680"


------=_NextPart_000_004D_01C115AF.B329B680
Content-Type: text/plain;
        charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

I attempted  to send this to the C-Palsy list but it was turned back because=
 the mail program I use now  is not the one I subscribed with.


Now that we all know that powered chairs are not crash tested and should be=20=
considered unsafe in a vehicle.  Does the user continue to ride and assume t=
he liability in the event of a serious crash and the chair comes  apart. Ima=
gine the crushing injuries in a head on colision when the seating system sep=
arates from the base.

Several years back in Miami the issue come to the courts regarding a scooter=
 that the transit provider thought was clearly unsafe.  The manufacturer was=
 contacted and the response was similar to Invacare's.  The ruling came back=
 that the person must transfer to a transit chair and then to regular seatin=
g in the vehicle.

Now consider a transit agency which decides to take notice of the fact that=20=
chairs are not safe.  Would you be forced to sign a waiver of liability conc=
erning any injury or damage to your chair.  If the chair is considered unsaf=
e by the transit provider, backed up by the manufacturer, the provider can r=
efuse service.=20

------=_NextPart_000_004D_01C115AF.B329B680
Content-Type: text/html;
        charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=3DContent-Type content=3D"text/html; charset=3Diso-8859-1">
<META content=3D"MSHTML 5.50.4616.200" name=3DGENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY bgColor=3D#ffffff>
<DIV><FONT face=3DArial size=3D2>
<DIV><FONT face=3DArial size=3D2>I attempted&nbsp; to send this to the C-Pal=
sy list=20
but it was turned back because the mail program I use now&nbsp; is not the o=
ne I=20
subscribed with.</FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT face=3DArial size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT face=3DArial size=3D2>Now that&nbsp;we all know that powered chai=
rs are=20
not crash tested and should be considered unsafe in a&nbsp;vehicle.&nbsp; Do=
es=20
the user continue to ride and assume the liability in the event&nbsp;of a=20
serious crash and the chair comes&nbsp; apart. Imagine the crushing injuries=
 in=20
a head on colision when the seating system separates from the base.</FONT></=
DIV>
<DIV>&nbsp;</DIV>
<DIV><FONT face=3DArial size=3D2>Several years back in Miami the issue come=20=
to the=20
courts regarding a scooter that&nbsp;the transit provider thought was clearl=
y=20
unsafe.&nbsp; The manufacturer was contacted and the response was similar to=
=20
Invacare's.&nbsp; The ruling came back that the person must transfer to a=20
transit chair and then to regular seating in the vehicle.</FONT></DIV>
<DIV>&nbsp;</DIV>
<DIV><FONT face=3DArial size=3D2>Now consider a transit agency which decides=
 to take=20
notice of the fact that chairs are not safe.&nbsp; Would you&nbsp;be forced=20=
to=20
sign a waiver of liability concerning any injury or damage to your chair.&nb=
sp;=20
If the chair is considered unsafe by the transit provider, backed up by the=20
manufacturer, the provider can refuse=20
service.</FONT>&nbsp;</DIV></FONT></DIV></BODY></HTML>

------=_NextPart_000_004D_01C115AF.B329B680--