ADA compliance requires a business or public property to adhere to a great amount of ADA standards. For many people, especially those who run small businesses, Americans with Disabilities Act (ADA) demands can be too great to comply with all at once. Even if they must only make one correction, such as installing a wheelchair access ramp, the cost and time needed to do so may be unreasonably high in comparison to their spending money.
What can be done when you want to comply with ADA standards but struggle to do so? Are you sure to be fined heavily by the Department of Justice (DOJ) that regulates ADA inspections? With the help of the Law Offices of Nolan Klein and our ADA defense attorney, you may be protected by your own due diligence.
Need help fighting off ADA lawsuits? Call 877.253.5406 for assistance nationwide!
When someone does their best to meet another’s standards, we call it a “strong effort” and applaud them, even if they did not necessarily succeed then and there. When it comes to ADA cases and complaints, putting in a strong effort or taking appropriate steps to begin or further your improvement is known as due diligence. Even though you might not have met ADA standards immediately, due diligence can act as protection against lawsuits so long as you can prove that you have in fact used the extent of your resources to reach ADA standards.
To prove your due diligence, you will want to collect and keep evidence, such as:
Due diligence cases are naturally in a gray area of the regulations. For as much evidence of your efforts to meet ADA standards as you can collect, your case opposition may try to argue that it is still not enough. For this reason, the more physical proof you can gather, the better, and the more experience your ADA defense lawyer has litigation and negotiation, the better.
For many people who encounter ADA lawsuits, they were never aware that their building or business did not comply with ADA standards. Instead, they purchased a relatively old structure that did not meet updated ADA regulations but were never told of this insufficiency. The responsibility to create new means to accommodate those with disabilities – such as adding automatic doors or seating space for people in wheelchairs – does not fall upon the original owners or the building’s designers but rather on the new purchaser. This is where due diligence defense becomes particularly powerful.
There are other situations where a new startup business fails to meet ADA standards due to a misunderstanding or lack of funding. Company managers who have not run a business in the past may have been unaware of the ADA necessities pertinent to their business, such as closed captioning on informative videos; or they did not have the finances to meet every compliance upfront, such as electronic booths with auxiliary aids for the hard of hearing. Making efforts to improve your business after it has initially launched should be accurately recorded in case due diligence becomes your only defense in the future.
One of the best ways to defeat an ADA lawsuit against yourself or your business is to never encounter it in the first place. Call 877.253.5406 to request a free consultation with our ADA defense attorney today. We can evaluate your business, give you an idea of whether or not you are in compliance with ADA standards, and provide legal counsel or representation from there. Do not worry about your location, either – we serve clients all around the country!