An ADA grandfather clause does not grant exceptions from the ADA. The ADA considers the time of construction and the then current ADA laws. Continue Reading The ADA “Grandfather Clause”
5 Benefits of Hiring a CASp
CASp inspection Benefit #1: LEGAL PROTECTION
CASp Inspection & Legal Proection
The primary benefit of a CASp inspection is helping your facility work towards compliance with ADA regulations and other accessibility standards. This helps you avoid legal issues and potential lawsuits related to accessibility violations. ADA compliance is a legal requirement in many jurisdictions, and a CASp inspection certificate can provide documentation of compliance.
CASp Inspection Certificate
A CASp (Certified Access Specialist Program) Inspection Certificate serves as a legal safety net for businesses and property owners. The presence of a CASp Inspection Certificate acts as a deterrent to opportunistic individuals & lawsuits related to accessibility. Unfortunately, some individuals exploit ADA regulations for financial gain by filing “Drive-By” or mass lawsuits against businesses.
Drive-By Lawsuits
Drive-by lawsuits, also known as serial lawsuits, refer to legal actions filed against multiple businesses for violations on accessibility laws, especially those related to the Americans with Disabilities Act (ADA). These lawsuits involve minimal prior communication or effort to resolve issues, with the primary goal being financial gain through settlements.
Drive-by lawsuits have gained attention because of this, and some attorneys are accused of exploiting accessibility laws for monetary gain. ADA Access Consultants can help.
CASp inspection Benefit #2: Save Money
Proactive ADA Accessibility
In the early stages of a construction project, ADA accessibility should be at top of mind to prevent unnecessary extra costs on a project. Consulting with ADA Access Consultants for services like Plan Review and CASp Inspection & Reporting ensure you do it right the first time and don’t spend money on modifications.
ADA Access Improves Property Value
While ADA/CASp inspections involve upfront costs, the long-term benefits outweigh these initial costs. The investment in accessibility improvements not only helps legal compliance but also enhances the overall value of the property. This positive ROI is reflected in the reduced probability of legal challenges and improved customer satisfaction.
CASp inspection Benefit #3: Legal Status
Qualified defendant Legal Status
A benefit of a CASp inspector is the distinctive “qualified defendant” status to the facility they inspect. This status becomes a valuable legal shield for businesses or property owners. In the event of an accessibility claim, the effort demonstrated by hiring a CASp and addressing accessibility concerns proactively can reduce the liability of the business or property owner.
The CASp’s thorough inspection and certification provide documentation of compliance, offering defense in legal proceedings and potentially leading to quicker and favorable resolutions.
CASp inspection Benefit #4: Enhanced reputation
Promoting Accessibility
Accessibility is increasingly important to consumers and the public. By obtaining ADA/CASp inspections and ensuring your facility is accessible, you send a positive message to your customers, clients, and the community. This can enhance your reputation as a business that values diversity and inclusivity.
Reputation & Repeat Business
As a busines owner it is important that everyon has access to your facility. This means you can accomodate all customers. It’s great for business because you can be invlusive and help all types of clientel. Having an accessible facility not only fosters a sense of community but also leads to repeat business. This is possible because you provide a safe and accessible environment that leads to people wanting to return with their money.
CASp inspection Benefit #5: delay of court
Delay of Court Proceesings
Being recognized as a qualified defendant in a construction-related accessibility lawsuit comes with a notable benefit—a 60-day stay on court proceedings. This temporal reprieve offers businesses and property owners an opportunity to strategize. During this period, negotiation and settlement discussions with the plaintiff take place, potentially reaching agreements that avoid the costs and settlements associated with litigation.
Moreover, the 60-day delay provides a window for proactive measures, allowing defendants to address the accessibility violations raised. This time frame is explained on the ADA Law page and enables the implementation of improvements to the property, ensuring that adjustments are made to align with accessibility standards. The delay on court proceedings, with the chance to settle or make necessary improvements, empowers qualified defendants to approach legal challenges more carefully.
Blog:
Winning an ADA lawsuit is difficult and it's important to understand why you are being targeted. Consult with us on ADA compliance & more. Continue Reading Chances of Winning an ADA Lawsuit. Do I Have To Settle?
An ADA inspection certificate is issued when a property is inspected by a licensed CASp. Call to get your ADA inspection certificate today. Continue Reading ADA Inspection Certificate
The exact definition used by the ADA is "easily accomplishable and able to be carried out without much difficulty or expense." Continue Reading Readily Achievable ADA
Historical building ADA compliance is essential in a property regardless of status. Using this guide helps businesses reach accessibility. Continue Reading Historical Building ADA compliance
This guide covers the use and necessity of ADA maps in an accessible property. Using this guide helps businesses reach accessibility. Continue Reading ADA Mat Requirements
ADA regulations encompass many different laws, regulations, and senate bills. All of these explain the legal duty one has to be ADA compliant. Continue Reading ADA Law & Regulations
ADA compliance responsibility usually falls on both the owner and tenant legally. Often times lease agreements stipulate tenants pay for necessary improvements. Continue Reading ADA Compliance Responsibility