AMERICANS WITH DISABILITIES ACT (ADA) LITIGATION
Millions of Americans live with some kind of physical, sensory, cognitive or mental disability. The Americans with Disabilities Act (ADA) (and a number of state laws) protect the disabled from discrimination in public places by providing those individuals many legal protections in the public arena, such as concert venues, theaters, restaurants, amusement parks, and resorts. These laws require certain accommodations be provided to an individual with a disability in order to meet that person’s needs.
Sounds straightforward, right? The fact is, that because disability laws, including the ADA, can be quite complex, you need an experienced attorney on your side to protect your interests. We will assist you to determine whether these claims are brought by a regular customer or by a party with no real intention of returning to your business also known as "Serial-Filing Plaintiffs". While efforts have been made to reform the ADA, none have passed to date. It remains extremely easy for a business to be sued for a failure to comply with the ADA, with no obligation for the plaintiff to give your business any prior notice of the lawsuit or an opportunity to avoid a lawsuit by curing non-compliance issues.
Edmund Gegan has successfully defended against high volume ADA cases, including limiting the kinds of improvements necessary to those which are “readily achievable” given the business’ income, and negotiating and reducing claims for attorneys’ fees. However, sometimes the reality is that the cost of defending and even winning these lawsuits is often more than the cost of settling quickly. You should speak with an attorney experienced in handling such matters. In the event you need legal representation regarding an ADA lawsuit, contact us and schedule an appointment to discuss your next steps toward resolving your case.
To discuss defending an ADA claim against your business, call Gegan Law Office today!