ADA Lawsuits in Orange County, California​

Lawsuits related to the Americans with Disabilities Act (ADA) are an increasing legal concern for businesses throughout Orange County, California. The complexity of ADA requirements, combined with evolving interpretations of the law, has made compliance more critical than ever. For businesses facing ADA lawsuits, understanding the steps to take in defense while working toward compliance is essential.

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Our law firm has represented many hundreds of businesses throughout the United States in ADA cases, and we have repeatedly resolved these matters as efficiently as possible for our clients.

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Feel free to browse this site for ADA news and information, and if your business has been sued for ADA violations, contact us at +1 877.253.5406 or fill out our contact form to schedule a consultation.

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What is the Americans with Disabilities Act (ADA)?

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The Americans with Disabilities Act, signed into law in 1990, prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, and most importantly for businesses, public accommodations.

Title III of the ADA specifically requires that all places of public accommodation, such as restaurants, retail stores, and hotels, must be accessible to individuals with disabilities. Significant non-compliance with these requirements could put businesses at risk of lawsuits.

Businesses are required to:

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• Remove architectural barriers if doing so is "readily achievable"

• Maintain accessible features regularly

• Provide reasonable accommodations for customers and employees with disabilities

Failing to meet these obligations can attract lawsuits often filed by individuals or advocacy groups, particularly in regions like Orange County, where ADA litigation is prevalent.

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Why Orange County is a Hub for ADA Lawsuits

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Orange County is one of the most active regions for ADA litigation in California, and the reasons are multifaceted:

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• Highly Visible Locations: Many businesses in Orange County are retail establishments, restaurants, and entertainment hubs, which are typically the focus of ADA lawsuits.

• Stringent State Laws: California imposes additional accessibility requirements beyond the federal ADA, such as the Unruh Civil Rights Act. This law allows plaintiffs to seek damages of up to $4,000 per violation, incentivizing lawsuits.

• Serial Litigants: There is a growing number of so-called "serial plaintiffs" who target multiple businesses with lawsuits, often identifying minor ADA violations as grounds for legal action.

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Common Triggers for ADA Lawsuits

Understanding the most common ADA violations that lead to lawsuits can help businesses identify vulnerabilities. Frequent issues include:

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Non-Compliant Parking Spaces

Incorrect dimensions for accessible parking spots

Lack of proper signage

Pathway Obstructions

Narrow walkways or blocked aisles that restrict access for wheelchairs

Improper Restroom Accessibility

Missing grab bars

Sinks mounted too high or with insufficient knee clearanc

Entryway Barriers

Steps without ramps or alternative accessible entry points

Non-automatic doors that are too heavy to ope

Website Accessibility

No screen reader compatibility or text-based alternatives for visual and audio content

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Conducting regular audits for these issues can mitigate risk and support compliance efforts.

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Key Strategies for ADA Lawsuit Defense

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While prevention is ideal, understanding potential defenses can shield your business if you're faced with an ADA lawsuit.

Common ADA Defense Strategies:

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1. Confirm the Plaintiff's Standing

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To file an ADA lawsuit, the plaintiff must demonstrate that they were directly harmed or faced specific barriers to access. Your legal team may challenge the plaintiff's standing if these conditions are not met.

2. Address Violations Promptly

If a violation exists and is "readily achievable" to fix, addressing it promptly shows good faith and may minimize penalties. Quick action not only supports your defense but also helps foster trust in your commitment to accessibility.

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3. Document Due Diligence

Maintaining detailed records of your compliance efforts is essential. Documentation, such as audit reports, contractor work orders for barrier removal, and customer accommodation logs, can support your defense against claims of neglect.

4. Negotiate Settlements Strategically

ADA plaintiffs frequently pursue financial settlements. While this often feels frustrating, negotiating reasonable settlements can save time and legal expenses compared to prolonged litigation. Partnering with an experienced ADA defense attorney ensures you are not overpaying.

5. Partner with Experienced Legal Counsel

Navigating ADA lawsuits requires specialized expertise. Hiring a defense attorney who focuses on ADA law ensures a strategic approach to overcoming legal challenges and understanding nuanced compliance issues unique to California's regulations.

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Our office is happy to discuss your ADA case any time. Call us for a complimentary consultation. ​