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50-676. Elder or disabled victims; definitions.

50-676

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION
Article 6.--CONSUMER PROTECTION

      50-676.   Elder or disabled victims;definitions.As used in this act:

      (a)   "Elder person" means a person who is 60 years of age or older.

      (b)   "Disabled person" means a person who has physical or mental impairment,or both, which substantially limits one or more of such person's major lifeactivities.

      (c)   "Major life activities" includes functions such as caring for one'sself, performing manual tasks, walking, seeing, hearing, speaking, breathing,learning and working.

      (d)   "Physical or mental impairment" means the following:

      (1)   Any physiological disorder or condition, cosmetic disfigurement oranatomical loss substantially affecting one or more of the following bodysystems: Neurological; musculoskeletal; special sense organs; respiratory,includingspeech organs; cardiovascular; reproductive; digestive; genitourinary; hemicand lymphatic; skin; or endocrine; or

      (2)   any mental or psychological disorder, such as mental retardation,organic brain syndrome, emotional or mental illness and specific learningdisabilities.

      The term "physical or mental impairment" includes, but is not limited to,such diseases and conditions as orthopedic, visual, speech and hearingimpairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,cancer, heart disease, diabetes, mental retardation and emotional illness.

      (e)   "Substantially limits" means:

      (1)   Unable to perform a major life activity that the average person in thegeneral population can perform; or

      (2)   significantly restricted as to the condition, manner or duration underwhich an individual can perform a particular major life activity as compared tothe condition, manner or duration under which the average person in the generalpopulation can perform that same major life activity.Minor temporary ailments or injuries shall not be consideredphysical or mental impairments which substantially limit a person's major lifeactivities. Minor temporary ailments include, but are not limited to, colds,influenza or sprains or minor injuries.

      History:   L. 1996, ch. 121, § 1; July 1.

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