Wheelchair Question (not Disney related)

[mom2brooke76]

No flames, please!

I'm not sure if anyone on this board can answer my question or not, but I thought that I'd try.

I work for a mall in Alabama at the customer service desk. I've been here for 6 years and we have two wheelchairs that we provide as a courtesy to customers. About two years ago one of the wheelchairs hand brakes quit working which made me nervous about the liability in renting it out. I voiced my concerns to management, but it was never fixed. So, I'd rent it out and explain the no brake thing and then they had to sign a waiver saying that they wouldn't hold the mall liable if something should happen That always bothered me.

We still had one "good" wheelchair though. That is until yesterday. After receiving it back from a customer I noticed that one of the "bolted" areas that hold the seat to the frame had come undone. I told the management office about it and they chose to finally remove both wheelchairs and have them serviced (or possibly get new ones).

I'm sure that I'll have plenty of angry customers today wanting to rent a wheelchair. My question is, are public places required to provide wheelchairs for customers? I just want to be properly informed should someone become irate. I just hope we get wheelchairs again soon since we have several customers who need them. The new management also took away our old stroller claiming that we were getting new ones and that was 4 months ago! I hope that isn't the case with the wheelchairs

 

[peemagg]

I don't think it is a requirement to provide them, I would think it to be a courtesy, but with that said if they do provide them, they have the responsibility to provide safe, working equipment. If they knowingly supplied faulty equipment and someone got injured because of it, with or without signing a release, they would be liable and a lawyer I am sure would have loved to take that case.

 

[SueM in MN]

I don't think it is a requirement to provide them, I would think it to be a courtesy, but with that said if they do provide them, they have the responsibility to provide safe, working equipment. If they knowingly supplied faulty equipment and someone got injured because of it, with or without signing a release, they would be liable and a lawyer I am sure would have loved to take that case.

The ADA requires accessibility for people using wheelchairs and other mobility devices. It does not require any facility provide them.

Shopping malls often do provide them as a courtesy because people will stay longer and spend more money.
But, I agree, if they are providing them, they need to make sure they are maintained in good, safe working condition. I'm not a lawyer, but in that situation, having someone sign a waiver that says they knew the wheelchair was not in good working condition seems to me to be even more of a liability.
It shows the facility knew they were providing faulty equipment.

 

[Mama Who]

You are not required to make wheelchairs, strollers or ECVs available to customers, either for free or for money. It will almost certainly hurt business to stop having them, but hopefully your customers will realize that this is outside of your personal control.

 

[GranJan]

This brings back a bad memory for me. Years ago, when I was in much better shape than I am now, I went to a mall. I could walk OK but had problems with balance & tripped a lot due to foot drop. I usually only shopped at places that had shopping carts...very limited choices...usually Walmart. That year we had just downsized to a smaller home after the kids moved out & had more money than usual. I decided I was going to really splurge that year for Christmas & went to the mall to buy nice gifts for everyone. I thought I'd just rent one of the strollers to give me something to hold onto & to put my packages in. The mall was practically empty since it was a weekday, & they had a large amount of strollers available. I ask to rent one & would've had no problem, except I mentioned that I didn't want one of the ones that looked like a car...I said I just wanted a plain one since I was just going to use it to put my packages in. The woman told me they couldn't rent one to me for that use...they were only for people who needed them for children & she would not want to risk having them all rented out & some parent needed one. I ask her if they ever rented them all out & she just said it could happen. This mall did very little business & now...about 6 yrs later...is practically deserted. There was no way they would run out of strollers. Most parents probably bring their own anyway. I never told her that I also needed it to keep my balance...in those days I tried to pretend there was nothing wrong with me. She might have been nice enough to rent it to me if I had mentioned it, but I was just too upset to deal with that. I left the mall without buying anything & never went back there the 3 yrs we lived in that town. When I told my daughter about it she sent them an e-mail but never got a response.

Sorry for this long story...I just needed to vent...I had pretty much forgotten about this experience until reading this. Sounds like the OP has much more concern for customers than the lady I dealt with.

 

[photobob]

This is a question in general not to any previous posters.

If you go to a mall with someone who needs a wheelchair, why don't you bring a wheelchair? Just wondering..
My wife has just been diagnosed with MS and there is no way that she could currently walk around a large mall and there is no way I would take her there without one!

 

[GranJan]

This is a question in general not to any previous posters.

If you go to a mall with someone who needs a wheelchair, why don't you bring a wheelchair? Just wondering..
My wife has just been diagnosed with MS and there is no way that she could currently walk around a large mall and there is no way I would take her there without one!

I agree. I guess sometimes a person doesn't need it other than at the mall. I certainly wouldn't count on one being available if I needed one. I even take my own scooter to the grocery store because I can't be sure they'll have one & sometimes they're not charged.

Have you thought about getting your wife a small scooter? They're not too expensive & it's so nice to not have to depend on someone to push you where you want to go.

 

[mom2brooke76]

Most of the people who rent them generally are families who have an elderly family member with them who, while they can walk (usually slowly or with the help of a cane or walker), can't necessarily make it easily through a long shopping trip. Other times there are those that have had surgery or are on crutches and the wheelchair makes their outing more pleasant.

 

[photobob]

Have you thought about getting your wife a small scooter? They're not too expensive & it's so nice to not have to depend on someone to push you where you want to go.

I think we are going to try a foldable transport wheelchair when we go the week after Thanksgiving. See how that goes and may try a scooter later if it wears me out! This is all very new to us so we will learn as we go..