protecting your business from ada lawsuits

In 2021, California alone accounted for more than half of all American with Disabilities Act (ADA) lawsuits filed. California remains a hotspot for these types of lawsuits due to the California Unruh Act. The Unruh act was amended in 1992 to adopt the ADA, meaning that any violation of the ADA is a violation of the Unruh act. Under this act, victorious plaintiffs are entitled to up to 3x the actual damages and no less than $4,000 in statuary damages per violation.

Currently, the most popular types of ADA lawsuits include: (1) Physical Barrier Lawsuits. These are lawsuits that concern physical access barriers at public accommodations facilities including hotels, shopping centers, retail stores, and restaurants. Such barriers complained of pertain to parking and loading zones, sales counters, accessible tables, and aisle width. (2) Website-Related Lawsuits. In 2022, California continued to see a large amount of lawsuits filed regarding website accessibility.

So what you can do to Protect your Business?

Qualified business’ can apply for a Certified Access Specialist (CASp) certification by establishing eligibility and passing the examination. The CASp program was created to meet the public’s need for trained individuals to inspect buildings to ensure compliance with state and federal accessibility standards.

A business may apply for a Certified Specialist (CASp) report to ensure equal access for all customers, and the intent to follow California law. A certified specialist will know which standards to apply and can provide in ensuring business’ are in compliance with all ADA requirements. By hiring a specialist a business may lessen their liability and provide certain legal benefits if an accessibility claim is filed against them.

If your business has been sued due to violations of the ADA contact Bennett & Demera LLP at hello@bennettdemera.com or (559) 981-2588.