Non-Compliant Businesses face ADA LAWSUITS. It is MORE COST EFFECTIVE getting an ADA CASp INSPECTION, than facing an ADA LAWSUIT
Over 50 million disabled would like access to your goods & services. You can GET MORE BUSINESS.
It is our goal to help you make your goods & services ADA ACCESSIBLE. The ADA applies to the physical access to your goods & services, as well as to your policies & procedures.
ADA is directed to BUSINESSES, not just PROPERTY OWNERS. Nearly all ADA lawsuits are filed against both the operating business owner (tenant) and the property owner (landlord).
Owners, landlords, and tenants can be JOINTLY & SEVERALLY LIABLE in the event of ADA non-compliance.
The owner bears sole responsibility for building entry, accessible parking areas and public building or common areas, not leased by tenants. Even if the tenant is responsible for maintaining and repairing a property, the owner may still be held liable for noncompliance.
Tenants are not liable for violations in areas that are not under their exclusive control, such as common areas. There may be sole responsibility for ADA compliance for commercial buildings in some situations, while responsibility will be shared with the property owner in other situations.
A landlord may not shift liability for ADA compliance to his tenants. Both landlord & tenant are legally responsible for ADA compliance. The lease can determine who is responsible for actually making the changes & removing barriers..
Although property managers may not have direct liability for ADA compliance, their actions, as agents of the landlord, can have significant consequences. Acts and omissions of property managers can have far-reaching ramifications for landlords.
The only way to get “LEGAL BENEFITS” in the event of an ADA Accessibility Lawsuit, is to have your business inspected by a “CERTIFIED ACCESS SPECIALIST” (CASp). This will afford you “QUALIFIED DEFENDANT” STATUS.
The law that governs CASp, is to encourage business owners to make their properties accessible to the disabled community, BUT, it also aims to PROTECT BUSINESS OWNERS. from “serial litigants” or what has become known as “SHAKEDOWN LAWSUITS” .