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Every ADA settlement is unique

On Behalf of | Dec 21, 2023 | ADA |

If your business is being sued for ADA violations, you may be wondering what a settlement is going to look like if you do end up having to pay due to alleged violations of accessibility law.

In some cases, people in your position go online to look for average values of settlements or reports from other businesses. They’re trying to get an idea of what they’re going to have to pay. But it’s important to remember that every case is unique, and there are many different factors that influence the total amount owed by someone who is cited for accessibility violations. As a result, it is generally best to review the following concerns with an attorney who practices ADA defense law in order to get a personalized sense of what you may owe if you are found liable.

The type of violation

First and foremost, the specific type of violation is going to have an impact on the total you’ll potentially owe. For example, some sources claim that website accessibility issues may cost a business around $5,000. But the total could be very different for physical accessibility issues, such as a lack of wheelchair ramps or wheelchair-accessible bathrooms.

Paying the fees

Another thing to keep in mind is that you may have to include payment for specific fees within the settlement. For instance, perhaps you were sued by an individual and you need to cover their court costs and attorney fees. These can add up.

The time that it takes

Furthermore, longer cases tend to result in higher costs because there are more court dates and attorneys’ fees incurred for the liable party. For instance, some ADA cases are settled relatively quickly, but there was a case versus Domino’s Pizza that took litigation for six years to finally be resolved. The total amount of the settlement hasn’t been revealed, but it’s safe to say that six years of litigation likely cost much more than $5,000.

A complex process

Navigating the ins and outs of a settlement is a very complicated process in the event that you are held liable for ADA violations and there can be a lot of money on the line. It’s very important to understand all of your rights when facing accusations of an ADA violation and to know exactly what legal steps to take as the process moves forward to better safeguard your interests and to adjust your expectations accordingly.

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