Visalia Has Been Hit With ADA Lawsuits. Are You Compliant?
Federal & State ADA laws require commercial buildings to be free of architectural barriers making it impossible to access the goods or services offered by business.
Noncompliance brings a threat of a lawsuit that may impose injunctive relief, demands to become compliant, plaintiff's attorney fees, costs and expenses in bringing the claim and monetary award. In CA plaintiff can collect damages in the amount of three times the amount of actual damage, but in no case less than $4,000 for each barrier.
The "Safe Harbor" provision where the ADA requires that small businesses remove barriers when it is "readily achievable" to do so, (without much expense), will not eliminate the threat of a lawsuit.
Take action now before there is a lawsuit.
- Hire an ADA inspector to identify the barriers
- Work with a contractor to remove the barriers
- After work is complete, ADA inspector must re-inspect
- Promptly & thoroughly review your insurance policies to determine whether they may have insurance coverage applicable to ADA lawsuits and increased cost of construction in the event of a covered building loss.
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