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ADA Compliance

KNOWLEDGEABLE SUNRISE ADA COMPLIANCE ATTORNEYS

LEGAL ASSISTANCE WITH ACCESSIBILITY CLAIMS IN FLORIDA

When Congress passed the Americans with Disabilities Act (ADA) in 1992, they did so with the best of intentions. They wanted to ensure that all citizens had the same access to public facilities, establishing accessibility guidelines to help disabled individuals. The ADA has brought numerous important protections for people with disabilities, both consumers and employees.

Unfortunately, lawsuits against property and business owners for ADA violations have become a cottage industry for lawyers. These attorneys will look to find any technical violations and file a lawsuit. Because of the way the ADA is drafted, these suits can come without warning. Adding insult to injury, if a court finds even a minor violation, you may be liable for attorney’s fees.

When you work with a Sunrise ADA compliance lawyer at Focused Legal Solutions, we can help you ensure compliance under ADA standards. Our team will charge a flat fee to represent you, conduct a preliminary inspection of the real estate property, and suggest quick and inexpensive ways for you to comply. We can help you ensure you meet ADA accessibility compliance under federal, state, and local law.

Do not face an ADA complaint without experienced legal help. Contact our Sunrise attorneys for defending against ADA accessibility claims at (954) 580-2092.

COMMON ADA VIOLATIONS

Accessibility claims in the United States are on the rise. This is due to ever changing regulations enforced by the Department of Justice (DOJ). Plaintiffs claiming ADA violations have more legal grounds for claiming a business or property is not accessible to disabled patrons.

Commonly noted ADA violations include:

  • Failure to have a wheelchair ramp installed where necessary
  • Not having handicap parking spots
  • Inadequate restroom accommodations for disabled people
  • Not having handrails on walkways and stairways
  • Walkways that are too steep or narrow
  • Problems with elevator or escalator systems
  • Denial of service due to use of a service animal

HOW ADA VIOLATIONS ARE ESTABLISHED

In order to pursue a lawsuit for an ADA violation, the plaintiff must demonstrate the following three elements:

  • The plaintiff has a disability covered under the ADA
  • The defendant owns or otherwise operates a space that serves the public
  • The plaintiff was denied accommodation due to their covered disability

Plaintiffs can pursue private suites or a lawsuit through the Department of Justice. The second is typically approved when the violation is suspected to be part of a pattern of disability discrimination.

HOW TO FIGHT AN ADA LAWSUIT

Litigating ADA cases to their conclusion can be time-consuming and expensive, especially for a small business. It is often best to settle these cases quickly by agreeing to make reasonable alterations. We will work with you and the plaintiff’s attorney to get your case settled quickly.

If we can’t reach a settlement that works for you, we can fight to protect your interests. If you have been falsely accused of compliance issues, we can gather evidence proving you are complaint. If your business does have ADA compliance violations, we can create a plan to fix those violations and reduce the impact of your lawsuit.

Some common ADA lawsuit defenses we can employ include:

  • Proving the accommodation will pose undue hardship on your business
  • Demonstrating that the compliance would be structurally impractical to implement
  • Determining the true extent of the direct threat any existing violation would pose to the plaintiff

In some cases, the individual who brings the suit against you is a plaintiff in hundreds, if not thousands, of such cases. This person has likely never visited your property, or only visited to determine if there is an ADA violation. If you want to fight the unjust application of this law, we can put our litigation experience for you.

DO NOT IGNORE AN ADA COMPLAINT

If you feel that a charge is frivolous, it can be easy to put off a response. You may even be tempted to ignore the complaint entirely. However, you cannot afford to ignore these complaints.

Penalties for unresolved ADA violations include fines up to $75,000 for a first violation. These fines increase to up to $150,000 for a subsequent violation. If the complainant successfully brings a lawsuit to court, they can win damages and recover attorney fees under the ADA and Unruh Act.

The good news is that many ADA complaints can be settled quickly, without the need for a drawn-out court case. Often, simple and affordable changes will bring you into compliance. If you prefer to fight a case through the courts, we can stand with you and protect your rights.

Our business advocates can help you with your ADA compliance matter.
Contact our law firm today at (954) 580-2092.