Avoiding ADA Lawsuits
Call Our ADA Defense Attorneys: (877) 253-5406
If you have been sued in a “drive-by” or “tester”
ADA lawsuit, chances are the case alleged that your business or property
did not have one of the following:
- Correct disabled parking
- Correct ramps
- Correct bathrooms
These are common allegation in tester lawsuits, because they are easy to
identify by driving past a business, or walking in for just a few minutes.
To avoid ADA lawsuits in the future (whether you have already been sued
or not) we recommend certain steps that should be taken by every business
(unless doing so is not
readily achievable or technically feasible).
First and foremost,
Do not ever exclude anyone on the basis of physical disability. Make sure that employees
know to be polite, and to make whatever accommodations are needed for
the individual. Sending a disabled customer away (because of disability)
is wrong, and may well end up in a lawsuit.
Try to avoid the following common ADA violations, at least one of which
shows up in almost every ADA drive-by lawsuit:
Incorrect configuration of disabled parking spaces. Any business without properly configured disabled parking spaces, which
has not already been sued, will be sued in the future. This is the easiest
ADA violation to spot.
Location: Shortest accessible route of travel from adjacent parking to an accessible entrance.
Signage: Accessible parking spaces shall be designated as reserved by a sign showing
the symbol of accessibility.
Configuration: Accessible parking spaces shall be at least 96 in (2440 mm) wide. Parking
access aisles shall be part of an accessible route to the building or
facility entrance and shall comply with 28 C.F.R. 36 Appx. A, Section
4.3 (36 inch access aisle).
Lack of disabled restrooms is a major source of ADA litigation. There are numerous provisions detailing
restroom requirements. Ideal disabled restroom stall measurements are
Sinks: No higher than 34 in (865 mm) above the finished floor. Hot water and
drain pipes exposed under sinks shall be insulated or otherwise configured
so as to protect against contact. There shall be no sharp or abrasive
surfaces under sinks.
Mirrors: Should be mounted with the bottom edge of the reflecting surface no higher
than 40 in (1015 mm) above the finished floor.
Faucets: Lever-operated, push-type, touch-type, or electronically controlled mechanisms
are acceptable designs.
Proper signage: Facilities and elements required to be identified as accessible must
use the international symbol of accessibility.
No accessible route.
- At least one accessible route within the boundary of the site shall be
provided from public transportation stops, accessible parking, and accessible
passenger loading zones, and public streets or sidewalks to the accessible
building entrance they serve. The accessible route shall, to the maximum
extent feasible, coincide with the route for the general public.
- Accessible route must at all points provide sufficient clearance for wheelchair
access, and must include a ramp to traverse all vertical changes in height.
- Additional requirements include surface texture, door widths, passing spaces,
slope, head room, and other requirements set forth in the ADAAG.
Call (877) 253-5406 for a FREE ADA Consultation
The laws surrounding ADA violations and
compliance can be complicated. At the Law Offices of Nolan Klein, our
ADA defense attorneys have years of experience representing businesses in complex ADA-specific
lawsuits. We have in-depth knowledge of ADA laws as well as cost-effective
solutions available to businesses. Our priority is to help you resolve
any ADA dispute as efficiently and quickly as possible so you can move
forward from this dispute.
Learn more about our services by
calling (877) 253-5406.