[blindlaw] Fw:AccommodationandComplianceseries:TheADAAmendmentsAct of 2008

John joramsey at cox.net
Tue Jan 6 00:29:20 UTC 2009


Chuck,
Believe it or not, I have had several people fall over my cane because they
walk backward while chatting with friends and the like. I have no idea what
the liability would be if you were acting as the reasonable blind person
would act. However,  I can almost guarantee you that if you were practicing
some form of martial arts  navigation you are going to be liable if someone
is injured because you walked into them and the like.
Take care,
John

John A. Ramsey Jr., Esq.

Gainesville, FL 32609

Phone: (352) 505-6642



-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of ckrugman at sbcglobal.net
Sent: Monday, January 05, 2009 4:56 PM
To: NFBnet Blind Law Mailing List
Subject: Re:
[blindlaw]Fw:AccommodationandComplianceseries:TheADAAmendmentsAct of 2008


This is totally hypothetical but I have always wondered about the potential 
liability if someone is injured when they trip and fall over my cane when 
they are not paying attention. I realize its far-fetched but many law suits 
are far-fetched.
Chuck
----- Original Message ----- 
From: "KEITH VICK " <keith-vick at msn.com>
To: "NFBnet Blind Law Mailing List " <blindlaw at nfbnet.org>; "Mark 
BurningHawk" <stone_troll at sbcglobal.net>
Sent: Monday, January 05, 2009 8:18 AM
Subject: Re: [blindlaw] 
Fw:AccommodationandComplianceseries:TheADAAmendmentsAct of 2008


> Hi List Members, I believe that New York has a statute that disallows 
> a
> claim of negligence based on failure to use a cane. This may be the case 
> in other states. Also, as someone who has had the privilege of training in

> aikido and brazilian jiu jitsu I find the concept of martial arts training

> as a recognized adaptive method rather amusing and highly speculative. 
> However, I do admit that the training has helped me adjust to my 
> progressively worsening vision mostly because the arts trains one to deal 
> with unexpected movements against ones body - a rather common occurrence 
> in the subways of New York city. Warmest regards, Keith Vick
>
>
> -----Original Message-----
> From: Mark BurningHawk
> Sent: 1/4/2009 11:26:01 PM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw]
> Fw:AccommodationandComplianceseries:TheADAAmendmentsAct of 2008
> I am not sure of a way in which a blind person using skills learned via a
> certain type of training could injure another person.  I am a bit 
> disturbed
> to hear that there's a different "reasonable standard," for persons and
> blind persons, but other than that, I think my original question has been
> answered, and I really didn't mean to stir up any controversy over 
> mobility
> methods.
>
>
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