So Cal Equal Access Group (So Cal) files ADA lawsuits almost on a daily basis. By and large, these lawsuits filed in Federal Court focus on the lack of accessible parking, inaccessible paths of travel to the building entrances, inaccessible entry doors, transaction counters that are excessively high and bathrooms that fail to comply with the ADA and the California Building Code (CBC). Lately, the firm has set its sights on the auto repair industry in the greater Los Angeles area. The law firm has filed suits on behalf of Larry Dunn, Jardine Gougis, Cesar Acevedo and Moses Villalobos, among others.
These lawsuits are typically filed against building and business owners related to properties built long before the ADA was enacted in 1991. Under the ADA both building owners and business operators are jointly and severally liable to the disabled plaintiff which means the plaintiff can sue either the business owner or building owner or both. Of course, landlords typically place responsibility on the tenant for indemnification for violations of law in the operation of their business through their leases. However, this legal chestnut is of little moment to the plaintiff’s lawyers who sue both the landlord and business operator. They typically sue the landlord who may have no idea that these ADA and CBC violations exist. Landlords typically tender the defense and indemnification to the tenant which only works if the tenant has the wherewithal to pay to defend both parties.
Often the major expense is not the legal fees or the settlement, though both are important to control, but the remediation aspects of any settlement. For example, as we have seen in the auto shops we defended, when the accessible parking spaces and access aisles can be remediated with a can of paint and required signage, the cost of remediation is minimal. However, in other cases where the accessible parking and paths of travel are not level, the cost of site work can easily run into the tens of thousands of dollars far eclipsing defense and settlement costs. The art of defending these ADA claims becomes apparent when it comes to the remedial component of ADA settlements. Just what needs to be done and the least-expensive but effective alternative solutions can save tens of thousands of dollars.
This firm typically files lawsuits in Federal Court which means you only have 21 days to file a responsive pleading of the Court may require the plaintiff to take your default thereby unnecessarily increasing defense costs.
JMBM’s ADA compliance and Defense Group has defended over 1,000 ADA lawsuits involving physical access and website litigation. We work with the top ADA Certified Access Specialists and web designers in California and elsewhere to provide quick, cost-effective solutions to resolve ADA cases.
If you or your business is the subject of an ADA lawsuit, reach out to me for a free initial consultation. My direct line is (415) 984 9667 or (310) 203 8080.
Martin H. Orlick is one of the top ADA defense lawyers in the country. He has helped hotels, restaurants, retailers, shopping centers, banks and other commercial property owners defend more than 1,000 ADA cases. In addition to defending lawsuits and governmental investigations, Marty’s team of ADA specialists focuses on enterprise-wide ADA compliance and litigation prevention, including facilities, website and operational compliance. Marty Chairs JMBM’s ADA Compliance & Defense Group, a Partner in JMBM’s Real Estate Group, and a member of the American College of Real Estate Lawyers (ACREL). For more information about ADA compliance and defense, contact Marty Orlick at 415.984.9667 or MOrlick@jmbm.com.