A Certified Access Specialist (CASp) inspection is a formal property check done by a state-certified professional. Depending on the scope of the inspection requested, the CASp inspector can check both the extrerior and intereior of a commercial property and building to see if it meets federal and state disability access laws. Getting an inspection helps property owners and business tenants spot physical access problems before someone files a lawsuit. Also, if done after a lawsuit is filed it can help determine what modifications may or may not need to be done.
What does an inspector check?
An inspector looks at areas open to the public to find physical barriers that block access for individuals with disabilities. Depending on the scope of services requested, the review can covers specific physical features throughout the building, which may include:
- Parking spaces and ramp slopes
- Entrance doors and thresholds
- Restroom sinks, grab bars and toilet placement
- Paths of travel, slope, cross-slope and size of the path.
- Customer checkout counters and restaurant tables
After completing the walk-through, the specialist can write an official report stating whether your property meets all access standards, or the access standards that may apply to the particular property, or needs that specific fixes. The inspector if retained by a law firm in connection with assisting with litigation may provide a confidential report or information that may assist the attoreny with determining the nature and scope of any modifications that may be needed. Some attorney’s call this a confidential litigation site servey, and not a CASp report, although the two can be very similar.
What legal benefits exist?
Under California law, properties with a formal inspection report issued before a lawsuit is served where noted modifications are reported and modified within a certain time, this can sometimes qualify you for a reduction in penalties for those items or other items that may not have been noted.
Why hire an attorney?
Receiving your inspection report (or a confidential litigation site survey as noted above) is only the first step in protecting your commercial site or commerical buisness. Legal counsel can help you read the findings, review lease duties between landlords and tenants and set up a confidential fix schedule, if needed. It is important to understand that for pre-1991 buildings, a knowlegable ADA attorney will often be able to tell you if some items doe not need to be done, or not done to the extent a newer building whould need to be modified. CASp inspectors generally cannot provide you with that information as that requires a legal opinion and CASp inspector generally do not provide such legal opinions.
An experienced lawyer can also file necessary court forms to ask for qualified defendant status if a repeat plaintiff sues your business. Getting early advice from defense counsel helps keep your site legal while protecting your financial interests.