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Defective Sidewalk Handicapped Ramp Causing a Fall

It never ceases to amaze me the number of commercial business locations in Florida which allow a dangerous and defective sidewalk handicapped ramp to exist. Some of these ramps are the type a handyman might install without any regard to safety concerns, much less any code requirements. You have probably seen the type created when an effort was made to ramp the change in elevation from a sidewalk to a parking lot surface by applying asphalt or concrete at a sharp angle. These are typically too short, too steep, and not wide enough. Unfortunately, many commercially constructed ramps also fail to meet minimum code requirements. I recently investigated a handicap ramp at a national chain store which failed to meet code.

What kinds of defects are commonly encountered?

• One of the most frequently found defects is a ramp which is too steep. These ramps have been governed by the ADA, the Life Safety Code, and others for many years. Ramps are generally required to have a minimum slope of 12 inches for every 1 inch in elevation (a ramp for a 6 inch high curb requires a minimum of 6 feet of the slope length). The slope is important for the safety of a pedestrian, as well as those in a wheelchair.
• Ramps are required to have a minimum width to accommodate wheelchairs. Ramps which are too narrow pose obvious safety issues for the wheelchair-bound.
• Depending on their width and length, some ramps are required to have a curb or to provide a tapered flare on one or both sides. Curbs will prevent someone from falling or stepping off the side of the ramp. A tapered flare must be at the same ratio as the ramp surface (1" to 12").
• Depending on certain features, most ramps are encouraged to incorporate appropriate warning paint (typically yellow or blue) to create a visual warning of a change in elevation.
• Finally, in some locations, hand rails may be required

My experience investigating these injury claims shows that many businesses have no idea hot to create or maintain a safe handicap ramp. If they do some construction requiring a building permit or the use of an architect they will generally comply with legal requirement for these ramps. However, even if a ramp is designed and installed to meet code, the ramp and surrounding surfaces need to be inspected and maintained over time. I am involved in a case in which the parking surface at the end of the ramp degraded to the point of creating a deep, worn area which caused someone to be thrown out of their wheelchair as they descended the ramp. One of the issues is the failure to maintain the paved surface at the end of the ramp.

The prompt investigation of these cases increases the likelihood of successfully pursuing recovery. Obtaining quality photographs depicting what made someone fall is vitally important. Too often, by the time the injured party decides to contact an attorney, the area has been repaired or brought into code compliance. The availability of camera phones has certainly made it easier for people to document the suspected condition immediately.

Property owners have a duty of reasonable care to those lawfully upon the premises. When someone has been injured due to their negligence, they may be held liable for their failure to design or maintain a handicap ramp in accordance with minimum standards set forth in the applicable codes.

You will find a more detailed discussion of these issues in my free consumer guide Dangerous Trips to Avoid in Your Fall Case. You may request your free copy by visiting my website at www.JWDodsonLaw.com.

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