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Mobilising unaided
- Jox
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13 years 4 months ago #62970 by Jox
Mobilising unaided was created by Jox
Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
What is the definition of reasonably used? would it be unreasonable to use a wheel chair if you can not get in or out of it without extreme difficulty and extreme pain?
how would you be expected to use the toilet also if your unable to get in and out of a wheel chair without such difficulties and pain?
What is the definition of reasonably used? would it be unreasonable to use a wheel chair if you can not get in or out of it without extreme difficulty and extreme pain?
how would you be expected to use the toilet also if your unable to get in and out of a wheel chair without such difficulties and pain?
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- Gordon
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13 years 4 months ago #62973 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Mobilising unaided
Jox wrote:
Reasonable has many definitions, but the following seems to be a good one
However, playing Devil's advocate (and I don't subscribe to this view), does the "use", in this context, extend beyond the wheeling of the chair.
The difficulty is that there is no case law in this area, due to the lack of time, which qualifies the use of the criteria, and until there is, your guess is as good as anybodies.
I hope this exlpains it.
Gordon
As much as I would like to help you are seeking something which cannot be found.Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
What is the definition of reasonably used? would it be unreasonable to use a wheel chair if you can not get in or out of it without extreme difficulty and extreme pain?
how would you be expected to use the toilet also if your unable to get in and out of a wheel chair without such difficulties and pain?
Reasonable has many definitions, but the following seems to be a good one
You can certainly argue that being unable to get into a manual wheelchair without significant discomfort would prohibit its use.A standard for what is fair and appropriate under usual and ordinary circumstances; that which is according to reason; the way a rational and just person would have acted.
However, playing Devil's advocate (and I don't subscribe to this view), does the "use", in this context, extend beyond the wheeling of the chair.
The difficulty is that there is no case law in this area, due to the lack of time, which qualifies the use of the criteria, and until there is, your guess is as good as anybodies.
I hope this exlpains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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