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Does a plaintiff have to warn you before filing an ADA lawsuit?

On Behalf of | Jan 25, 2022 | ADA |

Most businesses don’t understand their obligations under the Americans with Disabilities Act (ADA). Some companies conflate the obligations they have to the public, and some think there are rules or provisions in the law that don’t actually exist.

One of the most prevalent myths about ADA enforcement lawsuits is that a business is required to receive pre-notice before a person files a lawsuit. Business owners often assume that they will have the opportunity to remedy an ADA problem before they face a lawsuit and potential financial consequences, which will generally result in significant costs, attorney’s fees, potential damages and penalties, and sometimes a Court imposed injection involving Court oversight of a business, a property, and/or a website. In reality, there is no pre-notice requirement.

Businesses have to stay proactively compliance with the ADA

A customer does not have to come into your business and notify you of accessibility issues. Although some might make such a complaint because they truly just want to patronize your business or the business’ website, there is no requirement for them to do notify you of any problems or issues they find.. Especially for those who may be looking at  ADA non-compliant allegations and lawsuits as a source of personal profit, notifying a business about ADA non-compliance is likely not a step they want to take before filing a lawsuit.

A business may only find out about the allegations of ADA non-compliance when it receives service for that pending lawsuit. To avoid the losses involved in such a lawsuit, a business must take steps to ensure it complies with the ADA so that visitors and customers don’t have grounds to bring a suit.

Companies can defend against an ADA claim

Although a customer may bring an allegation against your business, that claim won’t necessarily result in a judgment against your company.

Defending against ADA lawsuits can protect your business’s financial solvency and its reputation.