Providing quality ADA Defense, Business & Real Estate Services throughout the United States for over 40 years.

Karlin Law Firm LLP
Contact Us

Call Today At  888-698-8932

  • Home
  • Our Firm
    • Dan T. Danet
    • David E. Karlin
    • L. Scott Karlin
    • Michael J. Karlin
    • Lin, Linda D.
    • Rex T. Reeves
  • Practice Areas
    • ADA Lawsuit Defense
      • Physical ADA Claims
      • Website ADA Claims
      • Hotel ADA Claims
      • Apartment Building ADA Claims
      • Service Animal ADA Claims
      • ADA FAQ
      • Florida ADA Lawsuit Defense
      • New York ADA Lawsuit Defense
      • How To Handle ADA Website Claims
    • Website Compliance
      • ADA Website Compliance
      • Privacy Trap and Trace Lawsuits
      • Credit Subscription
      • Copyright / Trademark / Trade Secret
      • Wiretapping Claims
    • Real Estate Law
      • Litigation
      • Leasing, Purchase, and Sales
      • Real Estate FAQ
    • Business Law
      • Litigation
      • Transactional
    • Entertainment Law
      • Film
      • Music
    • Personal Injury
  • Locations
    • Orange County
    • Los Angeles
    • San Diego
    • San Jose
    • New York
  • Media
    • Videos
    • Recent News
    • Press
  • Blog
  • Client Portal
  • Home
  • Our Firm
    • Dan T. Danet
    • David E. Karlin
    • L. Scott Karlin
    • Michael J. Karlin
    • Lin, Linda D.
    • Rex T. Reeves
  • Practice Areas
    • ADA Lawsuit Defense
      • Physical ADA Claims
      • Website ADA Claims
      • Hotel ADA Claims
      • Apartment Building ADA Claims
      • Service Animal ADA Claims
      • ADA FAQ
      • Florida ADA Lawsuit Defense
      • New York ADA Lawsuit Defense
      • How To Handle ADA Website Claims
    • Website Compliance
      • ADA Website Compliance
      • Privacy Trap and Trace Lawsuits
      • Credit Subscription
      • Copyright / Trademark / Trade Secret
      • Wiretapping Claims
    • Real Estate Law
      • Litigation
      • Leasing, Purchase, and Sales
      • Real Estate FAQ
    • Business Law
      • Litigation
      • Transactional
    • Entertainment Law
      • Film
      • Music
    • Personal Injury
  • Locations
    • Orange County
    • Los Angeles
    • San Diego
    • San Jose
    • New York
  • Media
    • Videos
    • Recent News
    • Press
  • Blog
  • Client Portal
Email

CALL

Karlin Law Firm LLP

The Leading Law Firm In The Nation For ADA Legal Defense

ADA | Americans with Disabilities Act
  1. Home
  2.  | 
  3. ADA
  4.  | 
  5. ADA claims should include proof of injury by plaintiffs in NY

ADA claims should include proof of injury by plaintiffs in NY

On Behalf of Karlin Law Firm LLP | Jul 27, 2020 | ADA |

The American Disabilities Act was designed with the intent that those with disabilities could have equal access to certain necessities without being restricted merely due to their inabilities. This does require many businesses to provide additional access to facilities such as designated parking places, wheelchair ramps, and other accommodations that able-bodied people do not need. However, the ADA has specific wording that can be abused in frivolous lawsuits often filed against business owners based on technicalities and superficial claims of injury, including publishing accommodations on the business website. These claimants can also act in a pattern in attempting to exploit the technical applications of the ADA, which is exactly what has been happening in New York in claims filed by one particular Florida resident.

There have been 29 recurring lawsuits in U.S. District Court of Northern New York from one specific plaintiff based on very similar circumstances. The serial plaintiff is a self-proclaimed ADA accommodations “tester” who has explained she is conducting research on business compliance with the disability law and filing suit against those she finds non-compliant. Some states such as Florida have statutes that establish standing for compliance testers who file court claims without a specific injury. Their position is that the business is totally negligent in non-compliance, thereby justifying a claim for damages without an injury extent to measure.

A New York U.S. District Court judge has now ruled that this is unacceptable in the court system. The judge issued an order requiring the serial plaintiff to have an actual proven injury of some sort in order to have standing to sue along with proving that she is indeed disabled and has visited the business. Even though the proving the plaintiff is disabled can easily be accomplished, lack of standing can now be used as an ADA defense for defendants in these frivolous claims based on minute technicalities.

If this position is repeated in other jurisdictions, it can give ADA lawyers and their clients a valid ADA defense argument regarding complete standing to file a lawsuit. The claim must be a personal injury lawsuit first with the ADA stipulations applied after establishing the injury when assessing the non-compliance negligence level of the defendant.

Recent Posts

  • Benefits of hiring Certified Access Specialists for ADA defense
  • Can one ADA issue lead to multiple lawsuits for a business?
  • Why large corporations face ADA lawsuits today
  • Managing serial plaintiffs and “drive‑by” ADA lawsuits

Categories

  • ADA (238)
  • Business Law (10)
  • Business Startup (1)
  • Commercial Real Estate (97)
  • Entertainment Law (5)
  • Firm News (34)
  • Landlord/Tenant Matters (6)
  • Real Estate (5)
  • Real Estate Disputes (4)
  • Real Estate Transactions (17)
  • Residential Real Estate (135)
  • Restaurant Law (4)

Archives

RSS Feed

Subscribe To This Blog’s Feed

Contact Us Today

Orange County

13522 Newport Avenue, Suite 201
Tustin, CA 92780

714-881-0054

Orange County Office

Los Angeles

1901 Avenue of the Stars
2nd Floor
Los Angeles, CA 90067

213-519-5633

Los Angeles Office

San Diego

402 West Broadway,
Suite 400
San Diego, CA 92101

760-407-2409

San Diego Office

San Jose

99 South Almaden Blvd
Suite 600
San Jose, CA 95113

714-881-0054

San Jose Office

New York

445 Park Ave
9th Floor
New York, NY 10022

212-235-7235

New York Office

Review Us
Client Portal
  • Follow
  • Follow
  • Follow
  • Follow

Attorney advertising

© 2026 Karlin Law Firm LLP • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw