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Premises Liability – Handicapped Facilities

On August 17, 1999, M.F., a former paralympic silver medallist, stayed at a local motel. He requested a handicap accessible room, but found that its roll-in shower did not have a built-in bench as required by the American’s with Disabilities Act. In response to M.F.’s request for a shower bench or chair, he was provided a plastic pool chair. Although M.F. was able to transfer from his wheelchair to the plastic pool chair and begin his shower, within moments, the plastic pool chair collapsed causing our client to fall to the ground and sustain a cervical spine fracture. After undergoing several years of treatment and neck surgery, M.F. was unable to continue competing in the paralympic games. Shortly before trial, this case was settled for $405,000.00.