ADA Lawsuits Are On the Rise in California

The Americans with Disabilities Act (“ADA”) requires businesses to provide “reasonable accommodations” so that all patrons can access storefronts and offices.  The ADA includes complex guidelines that outline the requirements necessary to provide such access.  These guidelines include many nuances only known by experts, such as the type of construction required based on the property.

ADA lawsuits have been on the rise in California during the last several years.  Many of these ADA lawsuits allege a single violation of a nuanced rule, such as a countertop being an inch too high.  Other common allegations are entranceways being the incorrect width or the ground slope being a few degrees above ADA requirements.  Some complaints focus on the property’s parking lot.  Allegations may include that the ADA parking spaces are not the proper length and width, or the lot does not have the correct number of ADA parking spaces based on their sizes.  Unfortunately, any violation can result in mandatory statutory penalties of $4,000 per violation, as well as additional fines and plaintiff attorney’s fees.

If your business has been sued based on an alleged ADA violation, you should seek legal counsel promptly, as you only have a short window of time to file a response to the lawsuit.  The attorneys at Chauvel & Glatt can assist your business in defending against ADA claims.  Contact us to see how we can help.

 

The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500. (photo credit: 123rf.com)

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