This case involves the failure of a retailer to properly instruct a client on the ordinary care and use of a motorized wheelchair. The plaintiff, a sixty-one-year-old male, was assigned a motorized wheelchair by his physician. When the wheelchair was delivered, the delivery person/ instructor, who was assigned a list of items to go over with the plaintiff, only covered the basic functions of the wheelchair’s usage, explaining that the helpline was available if the plaintiff had additional questions. Specifically, the instructor failed to instruct and teach the plaintiff the proper safety methods when transferring to and from the wheelchair. The plaintiff fell from the wheelchair while attempting to transfer himself to the couch to watch television, incurring significant medical expenses and injuries to both of his arms.
Question(s) For Expert Witness
1. How can a retailer ensure that a new recipient of a wheelchair is properly informed about elements related to the vehicle's safety?
Expert Witness Response E-006762
I do evaluations of patient's appropriateness for wheelchairs on a regular basis in order for Medicare or insurance companies to cover them. An evaluation by a physical therapist and approval by a doctor is typically required and usually includes assessment of mobility/transfers. The vendors, too, have checklists or guidelines which they are supposed to follow either by policy or regulation. In most cases, this is an essential part of the instructor's training and supervisors review the proper safety procedures with the instructors on a regular basis. In some cases, companies schedule follow-up visits and calls to review pertinent information with the recipient. Overall, most retailers take a comprehensive approach that includes training, review, follow-up, and updating to ensure the safety of recipients. It is in the details of that process in this particular case that will reveal any deficiencies by the retailer.
About the author
Stephen Gomez, J.D.
Stephen Gomez, J.D., is the General Counsel and Corporate Secretary at Lumos Labs, where he oversees legal and compliance matters in areas like privacy, intellectual property, and litigation. He has extensive legal experience in the e-commerce, media, and entertainment industries, previously holding key roles at Thirstie, Equinox Media, and SeatGeek. Gomez also contributed to legal functions at HelloFresh and Chubb and has a background in legal content and research management. He earned his J.D. from Boston University School of Law and a B.A. in Politics from New York University. His expertise lies in providing strategic legal advice to fast-growing companies.
