ADA, OSHA and Code Violations
ADA, OSHA and Code Violations
(OP)
Hi, I am a teacher. I am also new to this world. My mother had a slip and fall accident in a doctor's office. She fell descending the two or three risers. When she fell, she attempted to grap on to a handrail. The oral surgeon's office had no handrails. This was inside the building. The business had two code violations - no handrails and the risers were not of equal size. The insurance company is stating that they cannot assume liability in this case. They do not need to comply with ADA requirements. When the building was remodeled in 1983, it was under the city's 1979 code which mandated handrails and riser requirements. How could a doctor's office not comply with ADA requirements? I have looked in ANSI 117.1 505; BOCA, the Life Safety Code and they all state that handrails are an important part of any risers. How could a doctor's office not be mandated to maintain the safety features as well as the ADA ACT of 1990? We do not understand this info from the insurance company. Does anyone out there know anything about this? Is this something that OSHA would regulate? The business has fixed the problem since the city made them after they were cited. Medicare has rescinded all payments to the hospitals and rehab centers. My mom's medical bills were over 80,000 because when she fell she broke her hip and fractured vertebrae in the back. We supposedly owe the rehab center 24,000 in less than a month's time because the insurance company won't assume liability. This has been a nightmare. Does anyone out there have any idea regarding federal, state and local code violations? What source holds the key? Are there state mandated codes about this? We live in California. Are there federal mandates about this? Thanks so much for helping me find out any and all of this info. Maryann






RE: ADA, OSHA and Code Violations
2) Were the risers/stairs actually in the doctor's office, or just in the building? Probably, the landlord is responsible, not the Dr.
3) Since they were cited and made repairs, my unprofessional opinion is that you have a good case. You only need one broken building code law, city or otherwise.
4) You need a good personal injury lawyer. Ask around, visit one for a free consultation, and he/she will tell you whether you have a case. If so, the lawyer will take the case on a contingency basis.
RE: ADA, OSHA and Code Violations
RE: ADA, OSHA and Code Violations
Further, the Life Safety Code NFPA 101 would apply as well (or at least it is referenced by most model building codes). Not only the riser height issue and handrail issue need to be checked, but the coefficient of friction for the surface of the steps should be checked.
As much as personal injury attorneys make me cringe, you might be well served to consult one as jheidt indicated.
OSHA doesn't apply.
RE: ADA, OSHA and Code Violations
Lutfi
RE: ADA, OSHA and Code Violations
As I understand it, the ADA is aimed at accommodating disabilities (thus the D in ADA) and stands there as a law requiring new construction to accommodate those with disabilities and remodeled construction to do the same. This would be the lever-type door knobs, wheelchair access, ramps, etc. For this case, the guy's mother really wasn't disabled, but subjected to a simple code violation. ADA, the way I understand it, was meant to be a lever by which those disabled could compel building owners to offer handicapped-friendly details in their facilities (the lever being Mr. Lawyer).
With uneven stair risers and no handrail, don't you think they've simply got a case of a negligent hazard proven by the fact that it doesn't meet the city's code?
I know ADA is a litigation nightmare so my ideal world of ADA described above may be a bit simple....just seems that its more of a code issue than ADA.
RE: ADA, OSHA and Code Violations
Magistrao
RE: ADA, OSHA and Code Violations
What are the code (town, city or state) requirements for stairways? is it considered a necessary 'exit'? What drawings were presented to the building officials? Was the work undertaken in accordance with these? Is there an architect/engineer involved?
After the initial refusal by the insurance company, I'd be talking to a lawyer, post haste... falls can be very serious for the elderly. Also the speed is indicative of the seriousness of the incident. Impress upon the lawyer the urgency of resolving this.
There are other damages, beyond the immediate medical ones: stress, punative, loss of enjoyment, long term, etc. Your lawyer may use this as a 'carrot and stick' approach.
RE: ADA, OSHA and Code Violations
The answer is almost "Yes" and "No", but not quite. Digging into it you'll find the answer to be "No". The first provision of the ADA was to "remove barriers to access". In so doing, peril to others could not be created. If the barriers remained (in violation of the ADA), it would likely be deemed "no harm, no foul" to a non-disabled person, since it wasn't intended to affect them anyway.
The ADA was not and is not a building code. It is a civil rights law. It did; however, bring about changes and inclusions in building codes as a result of the needed modifications. Further, the definition of disabilities is very broad under the ADA, and including certain temporary conditions. With this in mind, an astute attorney could probably make a reasonable case for inclusion.
I agree with you that their stronger argument is one of direct building code compliance, though probably enhanced by the ADA.
Keep in mind that the ADA first required barrier removal. This has been the most violated of the ADA concepts. It was required by Federal law to have been completed in 1992. There are still many existing facilities that do not comply (take a trip to almost any fast-food restaurant built before 1992 and you'll see numerous violations that shouldn't remain. Further, we think of disabilities as including the obvious (wheelchair access is the most obvious), but the ADA encompasses physical impairment of many sorts, including limited physical movement (bad back), hearing and sight impairments, certain diseases, and even some mental impairment.
RE: ADA, OSHA and Code Violations
1. Small businesses have limited protection from lawsuits. Except with respect to new construction and alterations, no lawsuit can be filed concerning acts or omissions that occur before --
1) July 26, 1992, by businesses with 25 or fewer employees and gross receipts of $1,000,000 or less.
2) January 26, 1993, by businesses with 10 or fewer employees and gross receipts of $500,000 or less.
It seems as though the doctor's office is off the ADA hook via this direct quote. I did write to the Department of Justice to see what the implications of the actual law are. I am hoping that this conversation opens discussion within the community so that safety factors continue to play a major consideration in planning/designing buildings.
I am ignorant of so much but am actually learning a great deal. We fear the dreaded word ATTORNEY, but know that it may become an issue that we have to face. Too bad that an 87-year-old may have to go through the stress of a deposition just because some insurance company refuses to be honorable in its commitment and obligation. The only positive to all of this negative is that Medicare and the Rehab Hospital have placed a lien on the Insurance Company to pay up or else. Obviously they have reviewed the facts and consider the company liable.
I will post the information from the ADA as soon as I receive a response. In the meantime I have become very familiar with the ANSI, BOCA and the Life Safety Code.
Maryann
RE: ADA, OSHA and Code Violations
Again, it was a story of David and Goliath and this time David won with all of your support and help.
Gratefully yours,
Maryann AKA magistrao
RE: ADA, OSHA and Code Violations
RE: ADA, OSHA and Code Violations