ADA Access Litigation
The Americans with Disabilities Act (ADA) requires that commercial facilities are accessible to people with disabilities. A business owner or commercial property owner may not realize that their property is not ADA compliant until they are notified of a violation via a lawsuit. Lack of compliant handicap-accessible parking spaces, ADA violations in restrooms, such as lack of grab bars or too-narrow doorways, check-out counter height and the like are common ADA violations.
Further, The ADA requires that a business’s website provide equal accessibility to all people. Compliance guidelines have been developed to make internet content accessible for people with disabilities pursuant to the Web Content Accessibility Guidelines (WCAG), and the failure to comply with these guidelines exposes a business to liability. For example, a website that is not compatible with screen-reading software for blind individuals may constitute an ADA violation and potential lawsuit.
Located in Sacramento, Duggan McHugh has successfully assisted numerous property owners, landlords, tenants and small businesses with defending against ADA access claims. Our firm combines the skill of a big firm with the personal attention only available from a small law office. Our attorneys have significant courtroom experience and are prepared to take a case to trial if negotiations do not reach the desired goal.
ADA Compliance And Statutory Damages
Many commercial tenants may not know that they need to be ADA compliant. A commercial landlord may have rented a building for years without making updates that comply with ADA guidelines. This is why clients often come to us only after they have been threatened with litigation.
Business owners need to take these claims seriously because California law provides plaintiffs with statutory damages as well as attorney’s fees and costs even when a violation is minor. In general, in only limited circumstances will older buildings be excused from ADA compliance. If remediation is not readily achievable, however, it could provide a defense.
Learn More: Call Today
Our lawyers will review the allegations against you, explain your legal options and work hard to assist you in reaching a resolution. Call 916-550-5309 or email us to speak with one of our experienced attorneys to defend you.