Wheelchair Accident Caused by Failure to Properly Maintain or Install Wheelchair Ramp

Wheelchair ramps provide accessibility for those with mobility issues, including individuals that use wheelchairs. Under the Americans with Disabilities Act (ADA), there are laws in place regarding the installation and maintenance of a wheelchair ramp. It’s essential that manufacturers, installation companies, and property owners adhere to ADA regulations.

This article will explore ADA standards for wheelchair ramps, which are designed so that disabled individuals can enter or exit their home, a building, or any other property safely and comfortably. In addition, we will talk about the rights of accident victims if they are injured due to defects with the ramp which were caused by the manufacturer, installation company, or the owner of the property.

If you had a wheelchair ramp accident as a result of someone else’s negligence, we can help you obtain monetary damages to pay for your recovery needs. You may also be eligible for non-economic damages, like emotional distress and pain and suffering depending on your level of harm and suffering. Contact Normandie Law Firm today and speak with a wheelchair accident lawsuit attorney.

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Accidents Due to Improper Installation of Wheelchair Ramp

It’s essential that owners of both residential and commercial properties understand ADA-compliant standards for the safe installation of a wheelchair ramp or runway. These include factors like the handrail measurements, the slope of the ramp, surface texture, and landing dimensions. Considerations that help to ensure the proper installation of a wheelchair ramp include:

• Site Assessment: Prior to installing the ramp, a thorough site assessment must be performed to identity issues like the terrain, amount of available space, and proximity to the property’s entrance / exits.
• Calculate the Slope: ADA guidelines require that the slope of a wheelchair ramp must not exceed 1:12, which means there should 12 inches of ramp for every 1 inch of rise. Sticking to these standards is crucial to preventing accidents for wheelchair users.
• Ramp Dimensions: Property owners must follow ADA standards for wheelchair ramp width and landing size. Please note that the minimum width for wheelchair ramps is 36 inches, and the minimum size for landings (which must be at the top and bottom of the ramp) have to be at least 60 by 60 inches.
• Surface material: Materials for a wheelchair ramp must have a non-slip texture to provide traction that will hold, even in bad weather conditions. Recommended materials include grated metal, textured rubber, and slip-resistant concrete.
• Handrails: The ADA has specific requirements for the height and diameter of handrails for wheelchair ramps. Handrails must be on both sides of the ramp at a height that’s between 34 and 48 inches from the surface of the ramp.
• Edge Protection: wheelchair ramps must have protection around the edges to prevent those in wheelchairs from rolling off. Common ways to prevent wheelchair ramp roll off accidents include the installation of railings, curbs, and other barriers along the edge.
• Inspections: Regular inspections during the installation process are essential to ensuring that the ramp is in compliance with ADA regulations. Aside from protecting the user, the property owner is assured that they have taken all the necessary precautions to prevent an accident from improper installation of a wheelchair ramp.

Failure to Maintain Wheelchair Ramps and Runways Resulting in an Accident

Once a wheelchair ramp is installed, they must be maintained in the following ways:

• Cleaning and removal of debris: Removing leaves, wrappers, and other debris that accumulates on the ramp and ensuring that the surface is always clean is the key to preventing injuries to a wheelchair user.
• Inspection of the surface texture: Traction on the surface of a wheelchair ramp can wear down over time, so it’s important to inspect the surface and other areas to ensure that they are not slippery. The surface material may need to be replaced or a non-slip coating can be applied, depending on the material.
• Structural integrity: Inspections must include checking for wear and tear, corrosion, or damage to any parts of the ramp. Any lapses in the structural integrity of a wheelchair ramp can cause someone to be injured from a fall or another type of accident.
• Slope maintenance: Along with structural integrity, ramps and runways for wheelchairs must be checked to ensure that the slope continues to meet ADA guidelines.
• Checking Handrails and Edge Protection: Property owners musty inspect these areas and take the necessary actions, like replacing damaged areas, tightening handrails, and making sure the edge protection is intact.
• Problems caused by weather conditions: Adverse weather can cause significant damage to a wheelchair ramp, especially in colder regions with lots of ice and snow. Regular snow removal and de-icing, along with proper water drainage is crucial to ensuring that the ramp is safe and in good condition.
• Clear signage: Signs indicating a wheelchair ramp and accessibility features should be clear and visible at all times. Damaged or faded signs must be replaced immediately.

Property Owner Liability for Accidents on Wheelchair Ramps and Runways

Premises liability laws require owners to maintain their property and take all reasonable measures for the prevention of accident that can harm others. This includes being in compliance with ADA requirements for the installation and maintenance of a wheelchair ramp. Thus, if you were injured from falling off the side of a ramp, a wheelchair ramp collapse, or any other accident, you may have grounds to file an accident claim with the owner of the property. This includes private homeowners as well as businesses and companies that are in charge of commercial structures.

Please note that some of the lawsuits are filed against the installation company, along with or instead of the property owner. These companies may be in charge of inspecting the wheelchair ramp, which means they are responsible for any maintenance issues. So, if it’s the installation / maintenance company that was negligent in their duty of care, they may be liable for any injuries to someone that was using the wheelchair ramp.

Suing a Manufacturer for Defects in Wheelchair Ramps

Sometimes, defects can exist in a product before it leaves the manufacturer’s possession. Problems can include design flaws, failure to meet ADA safety requirements, and issues at the factory where the product is being made. Any defect with a wheelchair ramp has the potential to cause severe, life-threatening injuries. With that in mind, it’s important to investigate the exact cause of injury and whether a problem with components of the ramp is responsible for the accident.

For instance, the non-slip texture on the material that was used to cover the ramp may not hold up under bad weather. Alternatively, the hardware used to hold parts of the ramp together may not be appropriate for its intended purpose. Essentially, there are many possibilities for accidents to wheelchair users due to manufacturer negligence.

Our legal team includes experienced product liability lawyers that can sue for manufacturing defects that resulted in a wheelchair ramp accident.

Contact a Wheelchair Ramp Accident Attorney

Victims of wheelchair accidents need representation from a skilled attorney, which we can provide you with here at Normandie Law Firm. To learn how we can help, reach out to us at your earliest convenience and schedule a free case review.

Along with a free consultation, you will receive a Zero Fee Guarantee if you decide to go ahead with a lawsuit. This is a policy where victims are charged $0 for the cost of legal representation. In our settlement demands to the negligent party, we include the cost of attorney’s fees, so our payment is contingent on winning your lawsuit. As a result, you owe us absolutely nothing if we fail to win your case.

We look forward to guiding you through the legal process and obtaining the funds you deserve from an improper installation or maintenance wheelchair ramp accident claim.

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