ADA Lawsuit Help and Expert Witness
CASp inspections, ADA consultation, and ADA expert witness testimony for property owners, managers, and businesses facing an ADA lawsuit.
ADA Expert Witness and Testimony
Many businesses come to ADA Access Consultants for legal help with an ADA lawsuit. By working with a CASp, businesses can avoid costly legal disputes and ensure that their facilities are accessible to all customers, including those with disabilities. You can hire us for ADA expert testimony for your case.
Often, businesses are being sued for simple infractions of ADA compliance. ADA lawsuits can happen to anyone, including property owners, managers, and public businesses.
If you are facing an ADA lawsuit, it is important you schedule an inspection with a Certified Access Specialist (CASp) or ADA inspector.
ADA Lawsuit? You May Need a CASp.
No matter the status of your property, it’s a good idea to get an ADA inspection. If you are facing an ADA lawsuit, your legal counsel will always recommend a CASp inspection. CASp or ADA inspections protect you or your property from lawsuits or legal issues. If taken to trial, an expert witness for ADA may be useful. If a business is proactive in making necessary repairs after a CASp inspection, they are granted certain legal protections like “qualified defendant” status.
Qualified Defendant
The term “qualified defendant” refers to a person or entity that has taken proactive steps to comply with the Americans with Disabilities Act (ADA) accessibility standards in relation to their property. In California, this usually includes hiring a Certified Access Specialist (CASp) to perform an inspection and make recommendations for bringing the property into compliance with the ADA.
Under California Civil Code §55.54, a qualified defendant can ask the court for a 90-day stay and an early evaluation conference. Under §55.56, minimum statutory damages can drop to $1,000 per offense when violations are corrected within 60 days of being served, or $2,000 for a qualifying small business that corrects them within 30 days. The CASp inspection has to happen before the lawsuit is served to earn qualified defendant status.
CASp Inspection or ADA Consultation
Talk with a Certified Access Specialist about your property, your ADA lawsuit, or expert witness testimony for your case.
How to Prevent ADA Lawsuits
ADA lawsuits are a very common occurrence and are increasing in the United States year after year. ADA lawsuits can be detrimental to a business’s operations with expected lawyer fees, settlement expenses, and access issues. If you need an ADA expert witness, please reach out!
Some lawyers work specifically in filing ADA lawsuits and can determine a property’s ADA compliance in an instant. ADA laws are very detailed and encompass every aspect of the property. Almost all properties in the United States are out of compliance. Simple infractions are very common, including:
- Steep ramp slopes
- Strong force required to operate entrance doors
- Unavailable wheelchair access
- Incorrectly painted parking lines
- Dimensions of public amenities
Assuming you or your property is compliant with ADA laws is very dangerous. Without a property inspection from a Certified Access Specialist (CASp) or ADA inspector, you are open to legal issues. ADA lawsuits can be tricky, and CASp inspections can help you reach protected legal status, or we can simply help as an ADA expert witness. See the top 10 ADA violations we find most often.
How We Help With Your ADA Lawsuit
Whether you have just been served or want to stay ahead of a claim, our CASp inspectors work alongside you and your attorney. If you just received a complaint or demand letter, start with our step-by-step guide for business owners.
CASp Inspection and Report
A full inspection of your property with a written report listing each barrier, the corrections needed, and a schedule to complete them.
ADA Expert Witness
Our Certified Access Specialists review the claims, inspect the site, and provide ADA expert testimony for your case.
ADA Consultation
We walk you and your legal counsel through the findings so repairs are prioritized and done right the first time.
Blog
ADA requirements for medical, dental and professional offices: reception desk heights, exam rooms, accessible exam tables, elevators, parking and California differences. Continue Reading ADA Office Requirements: Medical, Dental & Professional Offices
ADA requirements for businesses by type: restaurants, retail stores, offices, medical and dental offices, hotels, gyms and apartments, with California rules. Continue Reading ADA Requirements for Businesses: Rules by Business Type
Every ADA stair number our CASp inspectors measure: 4"-7" risers, 11" treads, nosings, handrails, open risers, and California's contrasting stripe rules. Continue Reading ADA Stair Requirements: Risers, Treads, Nosings & Handrails
ADA pool requirements explained by licensed CASp inspectors: how many pool lifts you need, lift and spa dimensions, existing-pool rules, and California 11B differences. Continue Reading ADA Pool Requirements: Pool Lifts, Spas & Accessible Entry
A CASp-written ADA compliance checklist for existing businesses: parking, accessible route, entrances, counters, restrooms and signage, with ADA Standards and California CBC 11B numbers. Continue Reading ADA Compliance Checklist for Businesses: Parking, Entrances, Restrooms and More
Facing an ADA Lawsuit?
Schedule a CASp inspection or ask about ADA expert witness services.