ADA Compliance and Defense Blog
If you own a business in California, chances are you’ve heard about serial ADA litigants. This isn’t a coincidence. California is widely considered ground zero for serial ADA litigation. But why here? And what can you do to protect your business?
California’s Laws Make ADA Lawsuits More Attractive to Plaintiffs
The Americans with Disabilities Act (ADA) allows for injunctive relief, which means a court can order you to fix violations, but does not award plaintiffs damages. California law changes that. Under the Unruh Civil Rights Act and the Disabled Persons Act, plaintiffs can recover statutory damages of $4,000 per violation, per visit, plus attorney’s fees. California also does not have a blanket pre-suit notice requirement. Lawsuits can be and frequently are filed immediately, with no warning.
Given the statutory damages rule, and the lack of a pre-suit notice requirement, California has become a honey hole for serial ADA litigants. Plaintiffs and their attorneys know that ADA cases can be costly and time-consuming. They know that this pushes businesses to enter quick settlements, sometimes for more than $10,000. Once they settle a case, they move quickly to the next business.
How to Protect Your Business from Becoming A Target for an ADA Lawsuit
The reality is, you cannot afford to ignore ADA compliance. ADA compliance is the law no matter when your business was established or when your property was constructed. But you also should not live in fear. Simple, proactive steps can protect you from ADA lawsuits.
- Conduct a proactive ADA audit with a qualified Certified Access Specialist (CASP). You can find a list of CASPs serving San Francisco on the City and County of San Francisco website. Fix obvious issues immediately, especially in parking areas, signage, entryways, restrooms, and sales counters.
- Document compliance efforts. photographs, inspection reports, and receipts can be valuable evidence if you’re sued.
- Consult with an experienced ADA defense attorney before responding to any demand letter or lawsuit.
California’s unique combination of state laws, high business density, and lack of pre-suit notice requirements has made it a hotspot for serial ADA litigation. With the right legal strategy, however, you can not only defend your business, but also deter plaintiffs from targeting you in the first place.
This is the first in an ongoing series where we will share practical insights, strategies, and updates on ADA litigation. Our goal is to provide continual tips and information to help businesses stay informed, protected, and prepared.