EXPERIENCED ADA LAWSUIT LAWYERS
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WELCOME to the Law Offices of Nolan Klein. We represent businesses and individuals in Americans with Disabilities Act cases. LEARN MORE about our firm below.
Our managing partner, NOLAN KLEIN, ESQ. is the author of the ADA Law & Lawsuits Explained guidebook. You can claim your 100% FREE COPY of that guidebook here, and is a legal expert regarding ADA compliance issues for Accessibility Checker.
MR. KLEIN has appeared as an expert on ADA LITIGATION in the national media, including 60 MINUTES and in the Wall Street Journal. He is a Lawline faculty member and has taught three LAW CLASSES for lawyers on how to represent clients in ADA lawsuits. Mr. Klein's class on ADA website lawsuits has been taken by thousands of lawyers and can be viewed here.
CONTACT US TODAY for a free consultation. The call will cost you nothing, and it could make all the difference to your case.
By Nolan Klein, Esq.
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WE HAVE THE KNOWLEDGE, STRENGTH, AND EXPERIENCE TO HANDLE YOUR ADA LAWSUIT EFFICIENTLY AND EFFECTIVELY. We have represented clients in more than five hundred (500) lawsuits filed under the Americans with Disabilities Act, and we have handled these cases at every stage from pre-suit resolution, through full trial on the merits of the case.
We are led by Nolan Klein, Esq. Mr. Klein has more than fifteen years of experience litigating Americans with Disabilities Act lawsuits and has represented clients in hundreds of ADA lawsuits. Mr. Klein has appeared as a legal analyst on Fox News, CNN, CNBC, and with 60 Minutes on a story about ADA lawsuits. He has taught multiple classes for lawyers about ADA law issues, and is the author of the ADA Law & Lawsuits Explained guidebook.
ADA lawsuits and cases can vary widely based on several factors including the identity of the disabled claimant, the relevant disability, the alleged violation(s), the state where the case was filed, and other factors unique to each specific case. Use the contact form on this page to discuss your case with us.
FOR A FREE COMPREHENSIVE OVERVIEW OF ADA LAW AND LAWSUITS, CLICK HERE FOR NOLAN KLEIN'S ADA LAW & LAWSUITS GUIDE.
WHAT ARE THE MOST COMMON TYPES OF ADA LAWSUITS THAT MAY BE FILED BY THE DISABLED AGAINST COVERED BUSINESSES?
ADA Website Lawsuits
In recent years many ADA lawsuits have been filed against businesses that conduct commerce online where their website is not accessible to the visually impaired. Blind and visually impaired internet users who are disabled under the ADA have a number of options for “reading” their computer screens and using online commerce features. The most widely accepted website technical standards for compatibility with screen reading software is Version 2.0 of the Web Content Accessibility Guidelines, commonly known as WCAG 2.0. When implemented on a website, these guidelines make the website usable by individuals with visual impairments, and the guidelines have been adopted on the websites of many (if not most) major online retailers.
ADA Architectural Barrier Requirements
The Americans with Disabilities Act (ADA) requires that “places of public accommodation” make reasonable accommodations for individuals with disabilities, including compliance with very specific architectural requirements. The most common accommodations include installation of disabled parking spaces, restaurant seating, accessible bathrooms, ramps, and other such features needed to integrate the disabled.
The law also applies equally to landlords and tenants, making each jointly liable for ADA violations that are present on the property. Tenants may be sued even though alleged violations are on property controlled by the landlord (for example, a parking lot), and landlords may be sued for alleged violations in a tenant space (for example, inaccessible restaurant seating). As a result, the business owner, and its landlord (the property owner) are almost always sued together in these cases.
Online Reservation System Cases
Hotels must ensure that individuals with disabilities can make reservations for accessible guest rooms during the same hours and in the same manner as people who do not need accessible rooms. These regulations require that any means by which hotels take reservations must “[i]dentify and describe accessible features in the hotels and guest rooms [. . .] in enough detail to reasonably permit individuals with disabilities to assess independently whether a given hotel or guest room meets his or her accessibility needs.”
Who can file an ADA lawsuit?
Americans with Disabilities Act lawsuits are governed by the same general rules as other federal civil rights cases. The ability to bring a case is called "standing" to sue. There is a very complicated body of case law on this issue, but in a nutshell, to bring an ADA claim, a plaintiff must be disabled as that terms is defined by the ADA, they must have encountered a barrier to access applicable to their disability, and the issue must be fixable by curt order. So if a person is not disabled, they cannot bring an ADA case. If a disabled person does not encounter a barrier, they have no ADA case. Finally, if a disabled person encounters a barrier but there is nothing for the court to do about it (for example, the issue was fixed before an ADA lawsuit was filed), then there is also no ADA case.
Are all ADA defense lawyers the same?
In a word: No. As ADA lawsuits have become more common, there has been an entry into the ADA space by ADA defense lawyers who do not have necessarily have as much experience as those, like our firm, who have been practicing in this area for more than a decade and a half. Why does experience matter? Simply put, while most ADA cases settle, some just do not. If a case is just not resolvable, an ADA defense lawyer with less experience might be at a loss, whereas firms that have won ADA cases will know exactly how to move forward.We have won summary judgment, and even at trial, for clients in ADA cases - and no doubt, an ADA defense lawyer who has a track record of winning cases that do not settle will be in a better position to settle on strong terms for their clients. So simply put, all ADA defense lawyers are not the same, and anyone sued in an ADA case should always understand a lawyer's depth of experience in this field.
Additional ADA Materials:
ADA LAW & LAWSUITS GUIDEBOOK by Nolan Klein, Esq.
Available for FREE download HERE
ADA Source Materials: