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Fixing ADA compliance blind spots in order to avoid lawsuits

On Behalf of Karlin Law Firm LLP | Oct 30, 2020 | ADA |

Owners of California properties and businesses have to ensure that their land parcels and buildings are in compliance with several laws and regulations at all times. Otherwise, it sets them up for lawsuits. One common blind spot is ADA compliance simply because there are so many details and unexpected situations that can occur.

To avoid an ADA compliance lawsuit, a business owner should avoid common hot-spots. Start by checking all the entrances and routes. An accessible entrance and routes are needed even if the building is older. Building age is not an excuse, there is no grandfather clause under the ADA. Next, take a look at parking spots. Having all the necessary signage and painting is a good start. There also has to be enough room for those with wheelchairs to maneuver themselves in and out of their vehicles.

Bathrooms are another hot-spot. Bathrooms used by customers and/or the public need to be accessible. With bathrooms, there are height and distance requirements to get right. It is not just the stall; the sink is important, too. Then, there are accidental barriers. This is a tough hot-spot because a business owner will not necessarily see it on their own. Getting an ADA survey from a Certified Access Specialist (CASp) is a helpful tool.

If your building receives an ADA compliance-related complaint, you are going to be expected to fix the issue and likely pay monetary fine or settlement. This is why it is a good idea to learn the law. Plus, having a legal professional on your team who is well-versed in ADA accessibility law is to your benefit. A legal professional could take a look at any complaints made against your property and check their validity. Then, decisions could be made on how to proceed after the complaint has been analyzed.

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