Hi. I own a small business in Dade County and I'm being sued by someone pursuant to the Disability Act. The plaintiff is claiming that my premises do not complyt with the Disability Act but they were inspected and approved by the county when built. I don't even think that this person was even at my business but it rather looks to me that this is an attorney that is making his living out of these lawsuits and is using a handicapped. dont know how this works. I need to know what my possibilities are and what to do.
I agree with all the answers prior to mine -
But it is not all gloom and doom. It may be that your premises is exempt because of various exemptions regarding accommodation for ADA requirements. Or if you are a tenant, it may be your landlord's obligation to make the rented facility / premises ADA compliant.
A visit to a knowledgeable attorney - and that is not a large number of attorneys - will be worthwhile to either nip this in the bud or determine if you have any real obligation and liability.
Regrettably this is currently a cottage industry for a few attorneys but they are just using the ADA law as it stands. These attorneys usually are very eager to settle & initially you may be best off speaking directly to the attorney, who likely will have a short, easy answer involving modifications to your premises & paying a couple or a few thousand in attorneys fees. It's a business decision, or a cost of doing business. If you cannot come to terms next step is to seek out an attorney experienced in defending ADA claims for advise.
Hi there, sorry to hear about this issue. I, too, suggest that you speak with an attorney as soon as possible. Settlement is highly likely at this early stage so it is important that you retain counsel sooner rather than later to resolve this quickly. Good luck.
I agree with my colleague. I do have some questions. Are you also the landlord of the property? If not, your liability may be limited, as the landlord may be partially responsible. If you are a a tenant, I would check your lease agreement for any ADA compliance language.
Regardless, you should seek a local experienced ADA attorney to further ascertain your obligations.
Best of luck.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law. Any comments are merely suggestions for you to think about in discussing your situation with your local attorney.
I have dealt with this problem for a client in Texas. You need to secure an attorney immediately to settle this case. In all probability, this particular attorney practices this type of law day in and day out. There really isn't any way to win this case and the only thing that happens is that you are forced to convert your premises to be ADA compliant and will have to pay a substantial amount of attorneys fees in addition to any damages. I managed to settle my client's case here in Dallas for a very nominal amount of damages to the plaintiff, but still had to pay between 2000 and $4000 in attorneys fees, even when no suit had been filed.