When the ADA says it’s broken, just fix it.

We write a lot in this blog about lawsuits associated with the American Disabilities Act (ADA). A law with only the best of intentions, it has become a cottage industry for opportunistic attorneys and firms—and even disabled clients who care less about equal access and more about “access” to legal settlements.

Sperling law regularly resolves matters involving ADA claims for landlords and business owners. Part of the resolution is usually the idea that the defendant would need to make some repairs or in some way fix whatever was cited and caused the violation.  This is a post about the importance of following through and actually making sure it gets fixed once the initial case is over. 

Dean Sperling says, “Sometimes, we go through these proceedings and pay settlements to resolve the case, but then the client doesn’t actually fix the problem.”  He continues, “This is particularly dangerous because a second claim for the same matter will often result in both statutory fees AND punitive damages far exceeding the original case amounts.”

Dean says the first time a violation is reported, it’s unlikely to see any punitive damages, but subsequent times, it’s quite possible and even likely. So Dean’s advice is always to make sure and get the violation fixed and inspected in order to truly close the case.

Disputes like this are everywhere. And when they negatively impact YOU and YOUR business, including contract issues, landlord/tenant matters and even collections, call in the good guy business litigator Dean Sperling who will work to make sure your matter is resolved with YOUR best interests in mind!  

More on the case:

Understanding different damages
https://www.csun.edu/sites/default/files/blawdamages.pdf