Handicap access Disability Claims (ADA Claims)

Periodically, there is a wave of claims that are made by various individuals, who are disabled, just trying to get money, through some very specific attorneys, making claims as to access to facilities stating that they cannot use facilities, or in some cases websites.   We have seen some very far-reaching claims trying to get compensation, and such claims need to be looked at and determine whether or not the person is entitled to compensation, and how much, if any, that they would be entitled to.

There are also limitations as to what compensation can be obtained, and there will be a right, to fix such access problems, and in fact to stay (freeze) such actions while work is being done to correct the access problems. As it relates to websites, we encourage everyone to have their website reviewed to make sure that they are handicapped accessible, primarily as it relates to individual that are sight impaired, which is a simple matter and not very expensive, which would avoid litigation and potential damages.

If you receive a claim that someone could not obtain access, or use your facilities, you need to contact an attorney that has handled these types of matters, they should then have an independent evaluation done to determine if there are legitimate claims, what should to be done to correct them, and more importantly quickly try to settle the matter to avoid cost.

Tenants should be aware, that depending on what the claims are, it may be the responsibility of their landlord, if it is something that existed before they took possession. Often however, there is limitation as to the landlord’s obligations concerning ADA compliant issues, and the tenant may have the obligation to indemnify the landlord for such claims.