Karlin Law Firm LLPKarlin Law Firm LLP2026-10-20T12:41:31Zhttps://www.karlinlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504519/2020/11/cropped-Karlin-Fav-Icon-min-32x32.jpgOn Behalf of Karlin Law Firm LLP<![CDATA[What is a CASp inspection in California?]]>https://www.karlinlaw.com/?p=567922026-10-08T17:51:04Z2026-10-20T12:41:31ZWhat 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.
]]>On Behalf of Karlin Law Firm LLP<![CDATA[Could an ADA tester lawsuit target your business next?]]>https://www.karlinlaw.com/?p=567942026-09-28T10:12:38Z2026-10-08T10:00:26ZUnderstanding ADA tester lawsuits
A tester is someone who visits a business or its website, specifically to check whether it follows ADA rules. They are not always regular customers. Instead, some testers make it their goal to find accessibility problems, like a missing wheelchair ramp, a website that doesn't work with screen readers, or a bathroom that doesn't accommodate people with disabilities. When they find an issue, they may file a lawsuit, sometimes without warning the business first. Courts disagree on whether testers have the right to sue and that disagreement makes these cases tricky and unpredictable.
Recognizing the risks for your business
Many business owners don't realize that a website can factor into an ADA complaint, not just a physical location. That is if the business has a direct connection to a physical location that serves the public. For example, a local bakery with an online ordering page could face a claim if that page isn't accessible, since the website connects directly to the shop's storefront.
For businesses with a physical store, unclear navigation, missing image descriptions or forms that don't work with assistive technology can all raise concerns. Even honest mistakes can lead to costly legal fees, so it helps to think about accessibility as an ongoing practice rather than a one-time fix.
Finding support when you need it
Accessibility laws exist for a good reason: everyone deserves fair access to goods and services. However, navigating the legal side can feel overwhelming, especially with so much gray area in how courts interpret these cases. This is where talking with an attorney can genuinely ease the burden. A lawyer familiar with ADA compliance can walk through your physical space and your website, point out areas of risk and help you build a plan that fits your budget. Having that kind of guidance early on isn't about fear, it's about giving yourself peace of mind and one less thing to worry about.]]>On Behalf of Karlin Law Firm LLP<![CDATA[Commercial landlord duties in physical accessibility suits]]>https://www.karlinlaw.com/?p=567812026-09-03T15:42:02Z2026-09-15T15:40:44ZBoth property owners and business tenants share legal risk
Federal standards hold both you and your business tenant responsible for physical access barriers. A person who files a lawsuit can choose to sue you, your tenant or both parties at once.
Your commercial lease may state that your tenant maintains physical access on the premises. However that internal agreement does not stop an injured person from suing you in court.
California law requires written disclosure of property inspections
State rules require you to state in every commercial lease if your property had an inspection by a certified access specialist. If an inspection occurred, you must let your prospective tenant review the report.
If you do not share the report at least 48 hours before signing, your tenant gets a legal right to cancel the lease for 72 hours after signing. Missing this required statement also creates disputes with your tenant and hurts joint defense efforts.
Common physical property issues that trigger court claims
Most physical accessibility claims involve barriers in shared spaces open to the public. Common structural problems include:
Parking spaces with improper slopes or missing access aisles
Exterior ramps without proper handrails or slope ratios
Entrance doors with high thresholds or narrow space
Restroom facilities with improper grab bar placement or sink heights
You should regularly check these main access areas. Finding physical barrier problems early helps prevent formal court claims.
Key lease terms that protect commercial property owners
Lease terms do not stop a person from filing a court claim. However strong lease terms set financial duties between you and your tenant. Your lease should clearly state which party maintains physical structures, parking lots and walkways.
Indemnification terms must clearly cover legal fees and settlement costs. These terms also cover repair costs if an access claim occurs.
Early legal review protects property rights and limits liability
Promptly reviewing court papers and evaluating the cited physical barrier preserves defense evidence. Acting quickly gives you direct control over your exposure and helps prevent costly default judgments or uncoordinated settlements.
If you face a commercial accessibility claim or lease dispute, protect your legal rights. Consult an experienced legal counsel to review your contract terms and coordinate a joint defense strategy.]]>On Behalf of Karlin Law Firm LLP<![CDATA[Should a CEO settle or fight an ADA lawsuit?]]>https://www.karlinlaw.com/?p=567712026-08-07T12:32:30Z2026-08-19T12:30:15ZSometimes settling can save time and money
Many accessibility lawsuits, especially those from repeat plaintiffs, often settle for $10,000 to $25,000. Contested litigation can easily exceed that in legal fees alone, even in cases a business would likely win. When settling costs less and gets you back to business faster, it may be the more practical option.
Fighting can discourage future lawsuits
If your company operates multiple locations, settling quickly at one site can invite similar claims at others. Fighting a weak or overreaching claim shows that your business will not pay just to avoid the cost of defense, which may reduce future targeting.
California also gives you a specific tool against repeat filers. If the plaintiff has filed ten or more physical accessibility complaints in the past 12 months, you can request a 90-day pause in the case and an early evaluation conference before you even have to respond, buying extra time and leverage before deciding how to proceed.
Where the case is filed affects your money exposure
Many accessibility lawsuits combine two types of claims:
A federal ADA claim can require you to fix the problem and pay the other side's attorney's fees.
A state law claim can require you to pay the plaintiff money directly.
Federal courts are now less willing to hear both claims together. If your case stays in federal court, you may only face the cost of fixing the issue and paying attorney's fees, without the added money damages a state claim would otherwise allow.
Ultimately, the court where you end up can significantly affect how much money is at stake, so it is worth knowing which court is hearing your case before deciding whether to fight or settle.
Reputation and public visibility can play a role in the choice
For a well-known company, a public court battle can draw more attention than a quiet settlement, and the reverse is also true if the claim looks meritless. It may help to weigh how each outcome would appear to customers, employees, and investors, not just the legal result.
Consult an ADA defense lawyer before deciding
Every ADA lawsuit carries its own facts, from where it was filed to the plaintiff's history to the condition of the property in question. Reviewing your specific situation with an attorney experienced in California ADA and Unruh Act defense can help you weigh these factors clearly before deciding whether to settle or fight.]]>On Behalf of Karlin Law Firm LLP<![CDATA[How to handle sudden public accommodation claims]]>https://www.karlinlaw.com/?p=567702026-07-09T13:37:28Z2026-07-21T13:36:46ZA sudden lawsuit under Title III of the Americans with Disabilities Act can disrupt your business operations and threaten your hard earned assets. When your company receives a formal summons, you must make calm and calculated decisions rather than react out of panic.
Immediate clarity regarding your legal vulnerability helps reduce long term financial exposure. An experienced defense attorney can review the filing and identify the best path forward to protect your business.
Preserve all physical evidence and property logs
Changing or throwing away records can hurt your legal case. You must save all your maintenance records, repair logs and property blueprints. If the lawsuit complains about physical barriers like bad parking slopes or wrong counter heights, do not fix or change anything yet. Your legal team must measure the area exactly as it is first.
Assess lease agreements for tenant indemnity
Commercial landlords and business tenants often share the blame under federal laws. A lawsuit starts immediate legal duties that depend on your exact lease contract. You must read your lease to see which side has to pay for repairs and legal defense costs.
Landlords often retain control over common areas like sidewalks and parking stalls.
Tenants usually maintain responsibility for interior fixtures and seating layouts.
These contractual provisions dictate who must cover the litigation costs.
A common mistake is trying to fix the problem right away without legal help. Changing your property without a certified expert can create brand new violations. Also, fast fixes do not wipe away old state law fines. Your defense lawyer should manage any property checks or repair plans.
Secure a strategic defense plan for your business
Surprise lawsuits require a strong defense plan. The rules for public businesses are tricky, but a good plan can lower your risks and costs. Talking with a lawyer who works only on Title III defense can help you settle the issue fast while keeping your good name.]]>On Behalf of Karlin Law Firm LLP<![CDATA[4 essential ADA hotel pool disclosures your website must have]]>https://www.karlinlaw.com/?p=567612026-07-16T04:51:32Z2026-07-16T04:51:32ZYour hotel's website does more than attract guests. It can also attract Americans with Disabilities Act (ADA) lawsuits. In fact, many hotel owners in California don't realize that their website is one of the most frequent targets for ADA claims. Fortunately, with the right information on your site, you can take a proactive step toward protecting your business.
What does the ADA mean for you?
The ADA is a federal law that protects people with disabilities from discrimination. For hotel owners, the ADA sets specific accessibility standards for both your physical property and your online presence. Failing to meet those standards can expose your business to costly legal action. This is why understanding what the law requires is the first step toward staying compliant.
Why accessibility info matters on your site
As a hotel owner, the ADA requires you to identify and describe accessible features in enough detail for guests with disabilities to determine whether a property meets their needs. This requirement extends to your pool area as well.When guests find clear, accurate information on your website, they can make informed decisions before they book. That kind of transparency is both a legal requirement and a sign of great hospitality.
Four pool disclosures your website needs
Now that you understand why accessibility information matters, it's time to look at exactly what your website should include. Your pool area, in particular, requires specific disclosures to meet ADA standards. Here are the four key details you need to share with your guests:
Type of entry: Clearly state whether your pool uses a fixed pool lift, sloped beach entry, transfer wall or accessible pool stairs.
Weight capacity: Disclose the weight capacity and lifting capability of your pool lift so guests can plan ahead.
Hours of operation: State when accessible features are available, as accessible entries must remain fully operational during all hours the pool is open to the public.
Location: Indicate exactly where the accessible entry point sits relative to the rest of the pool.
These four disclosures give guests with disabilities the information they need to plan their stay with confidence. With this foundation in place, the next step is making sure your website stays fully protected from potential ADA claims.
Keep your business protected from ADA claims
Staying on top of ADA requirements doesn't have to be complicated. Small, thoughtful updates to your content can go a long way toward keeping your business compliant and your guests well-served. When questions about your website's content arise, having the right guidance in your corner can make the process even smoother and give you greater peace of mind.]]>On Behalf of Karlin Law Firm LLP<![CDATA[How can businesses prepare evidence to defend an ADA claim?]]>https://www.karlinlaw.com/?p=567672026-06-29T06:29:30Z2026-06-29T06:29:30ZEarly obligations for evidence preservation
Federal law requires you to preserve relevant evidence once a lawsuit becomes likely, not just when someone files a formal complaint. A demand letter, a charge filed with the Equal Employment Opportunity Commission or even an employee grievance that explicitly alleges unlawful discrimination can trigger this duty.
If a business loses or destroys key documents after a claim becomes foreseeable, courts may impose spoliation penalties. These can include adverse inference rulings or fines that weaken a defense before the court reaches the merits.
A litigation hold notice is the standard tool for pausing routine document disposal. It goes out to anyone in the company who may hold relevant files, emails or data. The hold stays in place until legal counsel lifts it.
Critical records for a comprehensive defense
The range of relevant evidence in an ADA case is often broader than what you might expect. Examples include:
Physical files, such as inspection reports, building updates and contractor letters tied to compliance
Digital records, including website audits, fix timelines and testing results for platforms or apps
Past complaints from staff or the public, any replies given and corrective steps taken afterward
You may find that these documents overlap with each other. Sorting records into these groups can help define the scope of any litigation hold.
Practical steps for organized documentation
How evidence is handled matters as much as what you preserve. Here are a few of things to consider:
A point person who manages document collection and works with legal counsel from the start of any potential claim
A clear chain of custody for physical items like photos of access features, signs and barrier removal work at the premises
Timestamped files and metadata that show when the business gave accommodations, changed policies or rolled out digital updates
Routine audits of access compliance that create a paper trail of good-faith efforts over time
A careful process backs up the defense and shows courts that the business took its duties with care. It can also set the stage for settlement talks if the case does not go to trial.
Preparation for the proceedings ahead
Evidence work in an ADA claim is not a one-time task. It is an ongoing practice that reflects how a business views its access duties as a whole.
California employers face a layered set of rules, where federal ADA standards overlap with the Fair Employment and Housing Act. A plan built with legal counsel can help your business respond calmly and efficiently if a claim arises, rather than scrambling to assemble records under the pressure of active litigation.]]>On Behalf of Karlin Law Firm LLP<![CDATA[Benefits of hiring Certified Access Specialists for ADA defense]]>https://www.karlinlaw.com/?p=567452026-05-26T14:39:03Z2026-05-26T14:00:23ZA CASp can identify issues before a plaintiff does
Many ADA lawsuits focus on physical access barriers that a business owner may not notice during daily operations. Common issues can involve parking spaces, slopes, accessible paths, counters, doorways, restrooms, sinks, grab bars or restaurant seating.
A CASp inspection gives a business a clearer picture of where the property may fall short. Once a barrier exists, a plaintiff may argue that the business denied equal access, even if the owner never intended to exclude anyone.
A CASp report may support your defense
A CASp inspection does not make a business immune from every ADA claim. However, it can show that the business took accessibility seriously and sought help from a qualified professional.
Hiring a CASp can matter if litigation starts. In California, certain defendants with CASp inspection reports may qualify for procedural benefits in qualifying construction-related accessibility claims. These tools can give a business and its lawyer more structure early in the case.
A report may also help narrow the dispute. If the business has already inspected the property, corrected barriers or created a remediation plan, the discussion may shift from broad accusations to specific remaining issues.
It helps businesses prioritize repairs
Not every accessibility issue carries the same cost, urgency or litigation risk. Without experienced guidance, a business may spend money in the wrong places or assume that a contractor or maintenance vendor has handled everything correctly.
A CASp can help identify issues such as:
Whether accessible parking spaces and routes meet applicable standards
Whether customer areas create barriers for wheelchair users
Whether restroom features, counters or doorways raise access concerns
Whether prior renovations created new compliance problems
This kind of review helps businesses focus their resources. It also helps them avoid spending heavily on work that may not address the problems most likely to appear in a claim.
It may reduce exposure in some cases
California law includes potential protections tied to CASp inspections and timely correction of construction-related accessibility violations. That does not mean every business receives the same benefit. Eligibility depends on the facts, the timing of the inspection, the type of claim and whether the business follows through.
An ADA defense attorney can help connect the inspection report to the legal strategy if a lawsuit has already been filed or appears likely.
It can help landlords and tenants clarify responsibility
Accessibility disputes can become more complicated when a landlord owns the property, and a tenant operates the business. A plaintiff may sue one or both. The lease may also contain language about repairs, common areas, improvements or indemnity.
A CASp inspection can help both sides understand where the alleged barriers exist. Are they inside the leased space? In the parking lot? Along a shared path of travel? At the entrance? That information can help determine who may need to act and who may need to pay.
A proactive inspection can reduce repeat claims
Some businesses face more than one ADA lawsuit, especially when a physical barrier remains uncorrected. If the same issue stays in place, another plaintiff may bring a similar claim later.
A CASp inspection helps the business move from reaction to prevention. It creates a record, identifies barriers and gives the business a path toward correction. For companies, landlords, restaurants, shopping centers and other property owners facing ADA concerns, hiring a Certified Access Specialist can be a smart early step. If your business has received an ADA complaint or wants to reduce future exposure, speaking with an ADA defense attorney can help you decide how a CASp inspection fits into your next move.]]>On Behalf of Karlin Law Firm LLP<![CDATA[Can one ADA issue lead to multiple lawsuits for a business?]]>https://www.karlinlaw.com/?p=567462026-05-11T13:30:27Z2026-05-20T13:29:28ZWhy one lawsuit may not end the risk
Title III of the Americans with Disabilities Act applies to many businesses that are open to the public. The U.S. Department of Justice explains that almost all businesses serving the public must follow the ADA, regardless of their size or the age of their buildings.
If an access issue still exists after one claim, another person may later bring a separate claim involving the same barrier. For example, a business may resolve a lawsuit about a parking lot, entrance, restroom, counter, seating area or website issue. If the underlying condition remains, the business may still face future exposure.
That does not mean every lawsuit is valid. It does mean a business should avoid assuming that one settlement, one inspection or one repair automatically removes all risk.
Repeat claims can happen in different ways
Businesses may see repeat ADA claims when several people visit the same location, when a serial filer targets multiple businesses in an area or when a website issue affects users in different places.
These claims may involve:
Parking spaces, slopes or access aisles
Pathways from the parking lot to the entrance
Doorways, ramps or thresholds
Restroom access, grab bars or sink height
Restaurant seating, counters or service areas
Website barriers that affect online shopping or reservations
A second claim may not use the exact same wording as the first. It may focus on another access barrier, another visit or another person’s experience.
Settlement terms are vital
The way a business resolves the first case can affect what happens next. A rushed settlement may close the immediate dispute but leave the business exposed if it does not address the underlying access issue.
This is one reason documentation matters. If the business made repairs, hired an expert, completed an audit or took other steps, records can help show what happened and when. Clear documentation may also help an attorney evaluate whether a later claim involves a new issue, a corrected issue or an alleged barrier that was never properly addressed.
Attorney’s fees can increase pressure
ADA Title III cases often create pressure because the law allows courts to award reasonable attorneys’ fees, litigation expenses and costs to a prevailing party. In practical terms, the cost of fighting a case can become a major concern even when the business believes it has defenses.
That pressure can lead some businesses to settle quickly. However, a fast settlement without a broader defense strategy may not reduce long-term risk. Business owners should understand both the immediate claim and the possibility of future claims involving the same location or online platform.
Businesses should respond carefully
If your business receives an ADA lawsuit, it is important to take the claim seriously without assuming the plaintiff’s version is complete or correct. The first response can shape the rest of the case.
Business owners may want to gather:
The complaint, demand letter or court papers
Photos of the property or screenshots of the website
Prior inspection reports or accessibility audits
Repair records, permits, invoices or contractor notes
Communications with landlords, tenants, vendors or web developers
Those records can help clarify whether the alleged issue exists, whether it was already addressed and who may be responsible for the condition.
Understanding the risk can help you plan
A business can face more than one ADA lawsuit if an access issue remains unresolved or if a later claim involves a related barrier. That risk can feel unfair, especially for owners who are trying to keep their business running while responding to litigation.
If your business has received an ADA lawsuit or is concerned about repeat claims, consider speaking with a lawyer about the specific facts, the records you have and the steps that may help limit future exposure.]]>On Behalf of Karlin Law Firm LLP<![CDATA[Why large corporations face ADA lawsuits today]]>https://www.karlinlaw.com/?p=567342026-04-09T12:26:45Z2026-04-21T12:25:26ZVisibility creates a target for digital claims
Your corporate website serves as a digital front door for millions of customers. This high traffic makes your site a prime target for automated testing tools. A single barrier on one page can trigger claims in many states at once.
For a national company, a lawsuit in New York or California often involves complex legal standing. While federal courts have tightened their rules, many plaintiffs now move to state courts to avoid early dismissal.
The shift toward complex class action filings
Legal trends are moving toward large digital or policy-based class actions. These lawsuits do not focus on just one store or office. They challenge the basic way your company interacts with the public.
Plaintiff firms often seek high settlements because large corporations have deep pockets. Furthermore, the Department of Justice recently increased oversight of class action settlements. Federal regulators now oppose settlements that favor lawyer fees over real accessibility fixes.
Statutory damages and the Unruh Act
If your business operates in California, you face unique financial risks under the Unruh Civil Rights Act. This state law allows plaintiffs to seek statutory damages of $4,000 for certain violations. It is important to note that these damages generally apply per occasion or visit.
A plaintiff must prove they encountered difficulty or discomfort during that specific interaction. As a result, even minor technical errors can lead to substantial liability for companies with many locations.
A defensive shield for your enterprise
True protection for a large corporation requires a shift toward a litigation-ready posture. This involves moving beyond basic compliance and adopting a strategy of regular manual testing.
A proactive approach allows your legal team to document a good-faith effort toward accessibility. This documentation is crucial before a demand letter ever arrives at your office. A knowledgeable attorney can help you stay ahead of changing legal standards.]]>