Am I wrong?: Went to the Gym this morning... - My MSAA Community

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Am I wrong?

kwhompus profile image
20 Replies

Went to the Gym this morning to get some exercise and local gossip. The sidewalk to the entrance was ice covered and on a slight incline, so with wheels on the ole wheelchair spinning and going nowhere fast, or slow for that matter, someone came out and gave me a push.Thank God for good people. Standing at the door was the owner of the gym, kindly holding the door open. As I approached , He ask " Have you ever tried going backwards to make it up the sidewalk". I replied " it is too icy no matter which way I go", hint hint. His question struck me as the second dumbest thing I've ever heard, even though I can't remember what the first was.

Should someone that's never been in a wheelchair advise? And more importantly, are owners required to remove ice and snow?

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kwhompus profile image
kwhompus
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20 Replies
twooldcrows profile image
twooldcrows

yes they are .....i doubt he was the owner he was probably just a manager for other wise he would of had it salted for if someone falls he gets sued for damages...try to find the actual owner of the business and ask if he know that this is a problem for no one is taking care of the sidewalk...you could of lost control and fell down the sidewalk and he would have to pay for the medical bills and damage ....might just ask him .... lots of people don't think they are liable ...i had to tell a business once in our big city that is 25 miles away and they didn't think they were liable either but they checked into it and guess what they next day the lot was plowed and salt was put down....

kwhompus profile image
kwhompus in reply totwooldcrows

This is a privately owned Gym. one of one, and he is the owner

twooldcrows profile image
twooldcrows in reply tokwhompus

i am sorry but he is liable for anyone that gets hurt on his property and that includes the sidewalk ....

kwhompus profile image
kwhompus in reply totwooldcrows

I may have to be more direct with him. There are several seniors there as well.

Kenu profile image
Kenu in reply tokwhompus

My buddy owned an ice company and didn’t have his side walk shoved and a lady fail down and he was responsible. Owners are responsible for sidewalk. When I was adjusting claims I did quite a few every winter ❄️ Job security for me. 🥶👍🏼😉🐾🐾

kwhompus profile image
kwhompus in reply toKenu

good to know before I push forward

Kenu profile image
Kenu in reply tokwhompus

Yes, businesses and home owners are responsible for sidewalk and entry ways 👍🏼

Brindisi1 profile image
Brindisi1 in reply toKenu

I was an adjuster for 30 years. Learned a lot and agree. Besides where is his manners, in not offering to help

hairbrain4 profile image
hairbrain4

You can contact the ADA online at ADA.complaint@usdoj.gov or by phone at 800-514-0301 if you don't make any headway with the owner. I would use that as a last result because he may figure out it was you that made the complaint & may cancel your membership. If he owns or leases the property he is responsible for making the entry handicap accessible no matter what the weather is.

kwhompus profile image
kwhompus in reply tohairbrain4

I will keep that number close by. thank you

Neworleanslady profile image
Neworleanslady

I agree with what they’ve said here. Sounds dangerous

nicolette527 profile image
nicolette527

If ice developed as a result of the diversion of water (e.g., a downspout that sends water onto the sidewalk), then you could be held liable because you created a hazard. However, natural accumulations of snow and ice generally do not create liability for a home or business owner. Local ordinances may create duties on property owners to shovel and treat icy conditions. Failing to comply with these ordinances can result in liability for injuries from slip and falls.

sashaming1 profile image
sashaming1

He might have seen people in wheel chairs successfully do this before. I would think that they would be required to to remove ice and snow - if not legally but for insurance reasons.

palomino27 profile image
palomino27

His insurance probably wouldn't pay if he's not salting. For sure if he's not clearing snow. If one ever does get hurt because of this take lots of pictures! Which in todays world is easy with cellphones....

Jesmcd2 profile image
Jesmcd2CommunityAmbassador

kwhompus the guy sounds like a jerk! He wants to be a smart a** , be one back and tell him to straight up to salt the place before you put him in the broke house! 😂🤗💕🌠

kwhompus profile image
kwhompus in reply toJesmcd2

I can no longer let my mouth over-load my @ss. there are better ways, but not as fun!

mrsmike9 profile image
mrsmike9

If they don't put down salt or sand they can get sued if someone falls. If not then then the owner of the building, if they lease their space.

Lazy_dog_lover profile image
Lazy_dog_lover

Your feelings about the encounter are not wrong. Are you sure he has no wheelchair experience? Maybe another person in a wheelchair has success going backwards. Your center of gravity would be different.

Yes, the ice should have been made safer. You are not wrong with that. The city might have guidelines on responsibility. Or he could be a total knob and should just be quiet. We may never know.

Mermaidia11 profile image
Mermaidia11

Well aren’t you the tenacious one?! Getting to your gym for a workout, in the snow and ice - wow good on you!

As for the owner- well he saw you struggling and offered an idiotic platitude and nonsense advice the ole helping/not helping ....but at least someone offered you some practical useful help and got you. Inside- I’m sure the smartarse owner won’t risk getting sued and will now clear consistently to make sure there are no accidents and a polite email to him requesting the same wouldn’t go amiss either!

These things and people are sent to try us eh ?! But well done for gettin to an in the gym

BlanketTime1 profile image
BlanketTime1

i think they might be required. in fact i'm sure they have to have accessible entrances. and yuh, that might be the dumbest thing ever. i'm going to hope he was joking.🙄

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