Re: [QUAD-L] Damage and loss by malfunction of electric wheelchair

[Eric Olson]

Unfortunately, it looks like it's time to take legal action.  I think you should sue both the airline and permobile.  Making them blame each other in court.  Good luck.  Eric Kim, Jong Bae wrote: Dear Quad_List Members   I have suffered terrible agonies since I used my new purchased Permobil C500 electric wheelchair around Feb. 10th. This wheelchair has special seat functions of standing, reclining, and elevating and its price is over $40,000.   Please read this email string from the bottom email.   At February, it was out of order three times at the same electric connection after I arrived at Seoul, Korea. The Permobil exchanged the electric wire before my trip to San Diego. But the seat did come down from the standing position at the hotel lobby of San Diego and the rear cast wheel was broken at Pittsburgh. I suffered lots of difficulties from new wheelchair’s malfunctions.   But the Permobil always insists that they have no responsibility on these problems and the airline must be responsible. I don’t think so. The problems can be from the wheelchair’s deficiency. The Permobil wheelchair is not perfect. Their product also might have deficiencies. They didn’t investigate how the airline manipulated it. The airline also answered that they manipulated it very carefully and did not damaged any parts of wheelchair. I cannot understand how they insist that they are not responsible for the malfunction and only the airline is without any evidence. At Korea, the same electric problem happened three times. And Permobil replaced the electric wire before my trip to San Diego. If they can be totally confident with their product, why did they change it?   I can not use it for my air travel any more. Air travel is one of my important activities. But my new C500 is not eligible for air travel because I had severe problems every time I air traveled. But Permobil did not say to me that it is not eligible for air travel when they sell it to me. I have the consumer’s right to return it if it is not working for my purpose of purchasing it. And I have the consumer’s right to ask the compensation for my spiritual damage and business loss from their product’s deficiency. But they don’t want to take any responsibility. They don’t want to reimburse my repair fee at Korea nor compensate my damage and loss. Moreover, they don’t even allow the return. I spoiled my trip and business by the malfunction of 1 month old brand new very expensive wheelchair. Why do I have to endure all these agonies even if they are not from my mistake but from the wheelchair’s malfunction? Because I am a quadriplegic guy, do I have to accept all these problems as my fate?   Because I was paralyzed below my chest with C5 spinal chord injury, I need an electric wheelchair with high functional options and this kind of electric wheelchair is considered as a part of my body. When this wheelchair is out of order, I cannot move at all and do anything until it is fixed because that kind of wheelchair is a customer fitting wheelchair and I cannot use other regular electric wheelchair. If this wheelchair stops on the street, there is no way to transfer to other mobility device and I should be stuck in the hell. Do we have to accept all these hell pains as my fate because I have a disabled body?   Please read my arguments against this wheelchair company, Permobil, to understand my miserable sufferings.   I am so angry because they want to evade their responsibility by insisting the airline company is responsible without any evidence of airline’s wrong manipulation. For the people with disabilities, the assistive technology is so important factor for them to live their quality life. However, the wheelchair company is not responsible as much on their product’s liability even if they sold a very expensive mobility device as the automobile company who sells less expensive cars. My new purchased Permobil C500 electric wheelchair costs as much as a luxury car such as Benz and Lexus. But they don’t take responsibility on their product’s deficiency for their consumers with disabilities as Benz and Lexus do for their customer. People with disabilities have also the same right of consumer protection for their mobility devices as car customers have the strong consumer protection right for the automobile. Therefore I think the wheelchair company’s lack of sense of responsibility is a kind of discrimination again people with disabilities. If their customer was not disabled, they probably could not have been so.   It is why I want to discuss with quadriplegic peers in this discussion group.   Please help me to advise how to fight against them. Thanks.   Very truly yours,   Jongbae Kim University of Pittsburgh [EMAIL PROTECTED] [EMAIL PROTECTED] Dept of Rehabilitation Science and Technology School of Health and Rehabilitation Science 2310 Jane Street, Suite 1300 Pittsburgh, PA 15203 tel: 412-586-6909 fax: 412-586-6910 mobile: 412-580-0967