Disability Lawsuits are on the rise

[mark handler]

Disability Lawsuits are on the rise in California, especially for ADA (American Disability Act) violations. ADA standards are issued by the state to prevent discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities1. Every business needs to be aware of potential lawsuits and start preparing to avoid such losses. California accounts for 40% of all lawsuits about ADA but only has 12% of the disabled population2. One way we suggest to avoid ADA lawsuits is by being CASp certified, which is a voluntary program that offers a full range of accessibility regulations to assist businesses and property owners in complying with ADA. Laws such as SB 1186 require all commercial property that is being leased or rented to state whether or not they are CASp certified in their leases, which provides a guide for local cities to expand the CASp program on communities. The amount of claims has gone up from previous years, as the California Commission on Disability Access (CCDA) has analyzed over 3,500 claims over the past 18 months. These lawsuits have been beneficial for law firms, which are causing more to follow suit.

Some of the more common types of ADA lawsuits include: loading zones and van aisles, incorrect parking sizes, missing appropriate marking, excessive slopes, missing parking sign, curb ramps not acceptable, and reception/sales counters not being the proper height. To avoid claims, property owners need to evaluate the public space and check if there are following the legal standards. Majority of violations require simple striping and proper signage in parking lots that may prevent you being the next target.

While everything may appear to be fine on the surface, current statistics show parking on existing properties is one of the prime concerns for inaccessibility. Avoiding unnecessary legal issues could mean staying in business or not.

http://www.camservices.com/ada-lawsuits-increasing-in-ca/

 

[ADAguy]

We say the same things month after month and yet, we who try to prevent these suits are the bad guys?

They who need to do, need to accept their roles in this issue.

DOJ says it is so and now CBC is in alignment with the law such that AHJ's can no longer dodge their responsibilities as "Code" enforcement officials.

Those of you out there with disabilities, file complaints with code enforcement. It is now their 800 lb gorilla to investigate and cite (smiling).