Received an ADA Lawsuit? A Business Owner's Step by Step Guide
If you’ve received an ADA lawsuit and don’t know the next steps, this guide will help! We’ll cover what ADA lawsuits are and how to navigate the explosion of “drive-by” lawsuits taking advantage of businesses across the nation.
What is an ADA Lawsuit?
An ADA lawsuit is litigation filed on businesses that are not accessible to the public. Because there are so many elements to accessibility, ADA lawsuits are being filed on properties, websites, phone applications, digital spaces, federal programs and more. According to the ADA (Americans with Disabilities Act), if you are a business owner, property manager, or are involved in offering services to the public, you may be subject to an ADA lawsuit. The first step to a successsful ADA lawsuit defence is hiring an ADA inspector.
ADA Property Lawsuits
The most common ADA lawsuits we see are related to accessing properties. For example, when a business does not provide ADA accessible parking or compliant bathrooms, they are denying access to certain individuals, leaving them liable to an accessibility related lawsuit. If you are a business owner or property manager, hiring a company like ADA Access Consultants will help you stay ahead of the legal risks.
ADA Website Lawsuits
Websites are on the rise for accessibility related lawsuits. As a website or business owner, you are subject to the ADA and required to have an accessible website environment. Some users with disabilities such as sight impairment or auditory disabilities may not be able to utilize your online environment easily or properly. A website ADA compliance lawsuit can be the result of not being able to access certain pages, being rejected from making a purchase, or not being able to navigate a website fully. If you are facing a lawsuit or want to stay proactive and avoid ADA lawsuits for websites, reach out for a free estimate.
Your Guide to Fighting the Case
If you’ve received an ADA lawsuit or prelitigation letter, don’t panic! There are solutions that can help mitigate risks and fees. We are not offering legal advice, but we’ve found several of our clients follow these steps and have had favorable results.
1. Hire an ADA Inspection Company
Our number one tip when facing an ADA lawsuit is to hire an ADA inspector. They will provide an independent evaluation of your property and address the items listed in the litigation. From there, you’ll receive a detailed report and you can make the determination on the validity of the claims. Often, these serial litigants cite generic ADA violations in hopes of including as many businesses as possible in their litigation.
2. Consult With ADA Attorney
Like mentioned previously, we recommend consulting with an attorney that specializes in ADA or helps businesses. We’ve often found the first thing they will recommend is hiring an ADA inspector for your business. ADA lawyers can help navigate the complex legal paperwork and submit the necessary paperwork and correspondence to save you money and fines related to settling.
3. Make Changes and Fight Back
The next step when facing an ADA discrimination lawsuit is making the changes and fighting back. Once you’ve received your inspection and report, work with your attorney to submit the proper documentation and hopefully you can avoid fees and settling all together. An ADA inspection isn’t a legal guarantee but it can be extremely beneficial when being sued for ADA violations.
Why Small Businesses are Being Targeted
When you think of ADA lawsuits you may picture big corporations and brands but the reality is all types of businesses are being targeted. Even more so, small businesses are being targeted because they have less money and may not be able to defend an ADA lawsuit as easily as a smaller operation. If you are a business owner, property manager, or provide services in public you may be at risk of an ADA lawsuit. Hiring a professional ADA inspection company will get you an inspection, report, and legal benefits that may reduce fines and settlements.
Cities Being Targeted by ADA Lawsuits
The presence of ADA lawsuits is expanding rapidly and we have seen a nationwide increase. As a nationwide company, ADA Access Consultants has seen an increase of ADA related litigation in major cities. The most common cities for ADA lawsuits are Los Angeles CA, Miami Fl, New York NY, San Francisco CA, and more. If you live in a major city and want to avoid ADA violation lawsuits, we advise you to get an ADA inspection and report to prevent issues.
ADA Lawsuits Don’t Always Settle
The most common question we receive is, “What happens after I receive an ADA inspection and report?”. After receiving an ADA inspection you have the opportunity to make your case on the validity of the ADA lawsuit’s findings and make any necessary changes for accessibility. Once you’re comfortable with the state of your property, you can work with an attorney to fight the litigation you are facing. We have found a positive outcome is likely but not guaranteed after retaining an ADA inspector’s services.
Benefits of an ADA Inspection
The benefits of an ADA inspection are not only legal. There is also a large benefit to your business when you provide accessibility. When you do, you are able to service more customers which will increase your bottom-line. Additionally, it’s the right thing to do. Providing accessible spaces as a building owner will help you with legal problems and help the community. If you’re facing an ADA lawsuit and need an estimate for an ADA inspection. Don’t hesitate!