ADA Property Compliance...... Why Bother?
The only way to ensure that your Business is ADA Compliant & reduce your risk for ADA Lawsuits, is to make sure that you have your business inspected & CERTIFIED by a CERTIFIED ACCESS SPECIALIST (CASp)
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.
We Care About You
Is Your Business ADA Accessible? Only an ADA Inspection will Tell
WHO NEEDS TO BE ADA ACCESSIBLE?
- If your business offers goods or services to the public, ("Public Accommodations"), it has to be ADA ACCESSIBLE.
- PUBLIC ACCOMMODATIONS (TITLE III), fall into one of 12 categories listed in the ADA, (eg. restaurants, movie theaters, schools, day care facilities, recreation facilities, hotels, shops, health care providers etc)
mistakes businesses make
10 Most Common ADA Violations
- missing, outdated or incorrect signage. Directional signs/symbols, missing or not visible.
- insufficient number of designated accessible spaces, improper slope, incorrect dimensions, wrong striping,
- missing signage, improper slope, hazardous conditions along route
- improper slope
- missing handrails, unleveled landings, inaccessible ramps
- incorrect dimensions for eg. wheelchair clearance, or fixtures too high to reach
- lack of access for disabled patrons
- open risers, uneven treads, missing striping, missing handrails or at incorrect height
- inadequate strike clearance, excessive opening force required
- Surface heights and space requirements for counters, tables, bars, or seating are not compliant.
make ada compliance a "win-win"
Who is Liable for ADA Violations? Owner vs Tenant
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.
We Help You Turn Conflict Into Co-operation
ADA Checklist Before you Rent or Purchase
- Make sure you have an agreement with your landlord that sets out who is responsible for providing and maintaining the facility’s accessible features.
- Landlord or property owner has to state on every lease or rental agreement, executed on or after January 1, 2017, whether or not the premises have been inspected by a CASp.
- Since July 21, 2017, disclosures of disability access is required for any "commercial property"that is being offered for rent or lease
Business Owner
Business Owner
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.
Tenant
Tenants
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.
Landlord
Landlord
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..
Property Manager
Property Manager
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.
Don't take chances
How to Avoid an ADA Lawsuit? Get a CASp Certificate
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.
A WIN-WIN
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” .
LET'S GET STARTED
"Let us check your Property for ADA Compliance, rather than a "professional" plaintiff
Having a CASp certificate, is an intimation that the facility likely has, or is working on, achieving a higher level of access for disabled customers. This lets the “would be” serial plaintiff know, that this is no easy target.
