Illinois: “The daughter of a St. Clair County man killed while crossing a DuQuoin street in his wheelchair is suing the makers of the wheelchair and the driver of the car that allegedly hit him. … [Candess] Higgerson claims the wheelchair, made by Invacare and sold by The Scooter Store, was defective because it was not equipped with flags or other devices to make it visible to motorists.” [Madison County Record]
7 Comments
It’s easy to buy an aftermarket flag, horn, bell, or blinking light if your wheelchair travels take you across busy streets, and you feel the need for such added “protection.” When I got my dog, he didn’t come with a flashlight or reflective vest so the cars could see us at night when walking him.
Then, obviously VMS, your dog was defectively designed. You should sue the manufacturer and seller, and propose an alternative design, with bells, lights, whistles, flags, stobe and a poop scoop, in addition to the yips, barks, wags and loving licks your dog came with.
If I get hit while crossing the street, can I sue the clothing manufacturer for not including “flags or other devices to make it visible to motorists”?
“Higgerson claims the wheelchair, made by Invacare and sold by The Scooter Store, was defective because it was not equipped with flags or other devices to make it visible to motorists.”
Does this mean that without flags or other devices the chair was invisible? How negligent of them to make an invisible wheelchair. They deserve to get sued.
Wheelchair folks want to be treated, as much as possible, like other folks. Walking people are instructed to look both ways before crossing the street. A driver is limited to what he knows and can do to avoid others entering his lane of traffic, so pedestrians and wheelchair folks have to take care.
Years ago I was involved in a products liability case in St. Clair County. I’ll bet that Invacare and the Scooter Store settle regardless of the merits of the case. I’ve never been back to St. Clair County IL and never will.
The last thing I want on my chair is a flag. I’m careful, I look both ways and the only time I came close to getting hit was when a guy ran a red light. Flags or not he was going to hit anything that moved into the street too quickly.