Legal Question in Disability Law in Kentucky

Handicap Parking

My physician ordered a temporary handicap-parking permit for me due to the condition of my feet and legs. I took all of the necessary documentation to the Police Dept. on the university campus (including the temporary placard I use on a day to day basis) in order to get a handicap permit for the campus. The officer in charge denied me. He said that I could have a one-month permit for faculty (non-handicap) spaces. After the one-month permit expired, I fell on the way to a class dislocating my hip. I feel this could have been prevented if I would have been allowed to park closer to the building. May I sue the university for my medical expenses? Being that I am a college student, I want to make sure that I have a stable case before I pursue it.

Thank-you for considering my question!


Asked on 1/28/02, 3:42 pm

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Handicap Parking

My gut reaction is that you would have trouble establishing "proximate cause" for your injury, i.e., that the failure to have a handicapped spot "caused" your injuries. It seems that handicapped spots are designed for the convenience of the handicapped individual and not necessarily designed to prevent injuries per se. There are also issues with respect to your entitlement to the handicap sticker/permit.

All told, it seems to me that you would have a tough case.

-- Kenneth J. Ashman; Ashman Law Offices, LLC

Read more
Answered on 2/01/02, 4:22 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Kentucky