If a child in a wheelchair is not accomodated to go on a fieldtrip and then later his crutches are taken away and made to hop over 100 yards knowing that he had surgery and needs his crutches endangering him. since he was only temporarily disabled he doesn't have rights equal to someone who is permanentlly disabled. don't you think they should? what law does this fall under? what type of lawyer would handle this case? and can there even be a lawsuit?
2006-08-11 15:20:19 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The Americans With Disabilities has been reduced to impotence, by The U.S. Supreme Court.
A constitutional lawyer that has a good track record in discrimination cases will know the law and can give you a referral if he cannot take the case. Lawyers give referrals all the time.
2006-08-11 15:36:11 · answer #1 · answered by Dan S 6 · 0⤊ 0⤋
There may be no specific law for "temporarily disabled", but I think the ADA could be applied to short-term disabilities (i.e., injury recoveries) in regards to discriminatory behavior.
At the least, whomever was callous enough to take away the crutches without helping the child with some kind of alternative assistance is guilty of negligent abuse.
I think whomever ran the trip (summer camp, school, etc.) is liable for criminal negligence, if it can be proved that the child suffered aggravating injuries.
I would look for a medical liability attorney, civil attorney or one who works in ADA descrimination cases.
2006-08-11 15:33:07 · answer #2 · answered by drumrb0y 5 · 0⤊ 0⤋
Civil rights and discrimination law. Educational law as well dealing with school districts... Possibly personal injury, but to a much lesser extent unless further injury was caused.
To be honest I don't know if much can be done for him in the area of civil rights since he is under 18 and not able to sue on his behalf. But the school district certainly should be providing for his needs... However, there may not be any case, if the parents did not first try to arrange for proper transportation with the school etc (The proper staff persons may not have known about his needs). If the parents did inform the school and they willfully violated his needs they should contact a civil rights, educational law attorney and see what can be done about the school. Attorney's often have several specialties they practice in and the parent's can find one practicing in both area's. Perhaps an attorney will be on line and can answer better.
To find an attorney you can google up the bar association in your state.
2006-08-11 15:42:48 · answer #3 · answered by passenger204 2 · 0⤊ 0⤋
First there is not enough details and you went off on what laws should be.
Sorry not being mean but being direct to an answer, it doe snot matter what laws should be, courts have to work with what laws on on the books right now.
A temp disablity is not covered under the ADA, and even if they were, accomidations only have to be what is within reason or affordable, so that does not mean a wheel chair vechile has to be provided.
So he was hurt and on cruches and someone took them away,
the person who took them away can be sued and the person who made him hop can be sued.
2006-08-11 15:26:57 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You want an attorney who specializes in educational law. Don't settle for an "advocate"--you want an honest to god lawyer for this one. Even a temporary disability gets protection under the Americans with Disabilities Act.
2006-08-11 15:26:47 · answer #5 · answered by Claude 4 · 0⤊ 0⤋
There are existing special laws and ordinances concerning this type of problem. I am not a lawyer to give an advise, its better to approach a competent person to get a competent advise.
2006-08-11 15:26:27 · answer #6 · answered by Sam X9 5 · 0⤊ 0⤋
Now I cannot condone (nor suggest) violence on this site, but there is a type of redneck back woods justice that is really effective and does not involve a lawyer on your part. I cannot guarentee that you won't need to seek counsel in the near future but....
Have you tried having a wall to wall "talk" with this teacher?
2006-08-11 15:24:27 · answer #7 · answered by Sherry L 2 · 1⤊ 0⤋
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2016-11-04 10:03:04 · answer #8 · answered by overbay 4 · 0⤊ 0⤋
Disabilty law.
2006-08-11 15:26:04 · answer #9 · answered by helixburger 6 · 0⤊ 0⤋
Pick a lawyer and get advice. They will direct you.
2006-08-11 15:24:38 · answer #10 · answered by cheeky chic 379 6 · 0⤊ 0⤋