Wa-lmart Wal-mart Wal-mart

[nightmare3983]

https://www.kfvs12.com/story/19113076/wal-mart-sued-by-disabled-over-payment-machines

It seems that at many Wal-Mart stores in California people in wheelchairs can't reach the payment terminal to swipe their debit/credit cards, enter their PIN, etc. In that sense, it's great that a lawsuit is being filed to make Wal-Mart fix the issue. I'm cool with that, as well as with Wal-Mart having to pay for attorney fees and the like. I'm not cool with the plaintiffs also suing for damages. That to me is a load of BS. The damn attorneys would already get paid, but the greedy pieces of garbage want more. For me the ideal outcome would be for Wal-Mart to get told to fix the problem and pay attorney fees without having to pay damages.

 

[Dr. Jones]

(I admit I didn't read the link, just got back to Utah and have too much to do.)

First, let me say I agree with the OP. Though a question I would have is whether this issue is specifically covered in the ADA guidelines. If not, then Wal-Mart could be accused of not thining through every conceivable detail .. but if it is, then they could be found negligent of adherence to an already established guideline that only needed to be read to be properly implemented. By not doing so, they would be cast in the light of simply not caring about those with disabilities (which would be total BS) or being too cavalier with ADA guidelines (extremely doubtful considering how litigious the world has become). If such guidelines do exist, I can 100% see damages being rewarded .. but highly doubtful otherwise.

 

[franklin]

At the risk of being out there by recognizing another nightmare legal post...


My initial reaction is that ADA doesn't inherently require exactly equal of ease access. Going to the side entrance of an establishment is not equally convenient even though it is accommodative. There are other means to check out.

I do think Walmart would wisely accommodate even though may not have to.