Evidence to seek
- Current, objective, setting-specific facts
- Individual function and demonstrated operation
- Environmental constraints and credible incident context
- Uncertainty, missing information, and source authority
ACTUAL RISK AND INDIVIDUALIZED REVIEW
Direct-Threat Analysis
Assess significant risk through individualized, setting-specific evidence and consider whether reasonable measures reduce it.
Document the asserted risk
Identify the nature, duration, severity, likelihood, and imminence of the claimed harm; the evidence supporting those judgments; the actual environment; and the individual’s demonstrated control and accommodation needs.
Alternatives to test
- Operational conditions or route adjustments
- Timing, positioning, storage, or assistance
- Effective alternative aids or transportation
- Less-restrictive measures that address the actual risk
Environment-Specific Review
Unfamiliarity, appearance, or ordinary recreational use cannot substitute for individualized facts; the documented setting and governing authority determine the decision. This generalized framework does not decide any case or establish binding law.