Whether you have been sued for violation of the Americans with Disabilities Act (ADA), or you are concerned about the risk of costly litigation based on ADA compliance issues, you can protect your business and your personal assets by seeking sound legal counsel and tenacious representation. Business owners face a growing risk of exposure to the potential cost and liability of ADA litigation with New York ranking among the three states with the highest number of ADA lawsuits filed against small businesses. The attorneys at our ADA defense law firm offer legal advice for proactive business owners concerned about ADA compliance and strategies for avoiding “drive-by” or “tester” ADA lawsuits. Given the rising number of lawsuits filed against business, property owners, and employers, our law firm recommends and assists our clients in implementing measures to mitigate compliance risks.
Importance of Understanding Key ADA Concepts and Standards
We recognize that the cost of compliance with the ADA can have a devastating impact on a company’s financial stability and success. Our attorneys use our extensive experience to provide sound legal advice regarding our clients’ rights and duties under the complex requirements of the Americans with Disabilities Act. Our goal is to help you avoid ADA litigation by carefully explaining relevant legal concepts in everyday English, such as:
- Reasonable Accommodation
- Program Accessibility
- Disability
- Readily Achievable Barrier Removal
- Undue Hardship
Our lawyers explain these concepts and other relevant legal terms and standards while outlining the steps you need to take to mitigate the risk of litigation based on compliance issues. The ADA accessibility standards, regulations, and enforcement guidelines are complex and constantly changing. Employers and property owners need access to experienced ADA defense lawyers who can help you navigate this potential litigation minefield.
Defense Strategies for Avoiding or Prevailing in ADA Litigation
When a commercial entity is in violation of the ADA, the best strategy is to make changes to bring the premises into compliance. If the owner of the entity disregards a potential ADA “access” lawsuit, the financial consequences can be ruinous because the business will be shut down until the issues in the complaint are resolved. The cost of non-operation exacerbates the financial hardships associated with the repair costs. If the party bringing the lawsuit prevails, liability for the plaintiff’s attorney fees adds to the mounting cost of compliance. Our law firm can work with you to identify potential ADA violations and to remedy potential problems so that you avoid the cost of litigation and the interruption of your business operations.
However, a commercial facility or place of public accommodation only has to comply with the ADA when “readily achievable.” Our lawyers can analyze your financial situation and the cost of remedial changes, which might justify a defense based on the lack of financial feasibility of compliance. Courts have consistently ruled that a business does not have to incur costs that will force it to close its doors to comply with the ADA.
Whether we suggest proactive changes, a defense based on the “readily achievable” standard, or a different defense strategy, you can mitigate your risk of incurring litigation costs and prevent disruption of your business by seeking legal advice before becoming embroiled in ADA litigation.
Contact us today to learn more about how we can help.
