ADA Violations

A Personal Injury Attorney Helps When You’ve Been Injured

There are many special accessibility laws under the Americans with Disabilities Act (ADA) Accessibility Guidelines and California building regulations that afford those with disabilities safer and easier access to business establishments, public facilities, hospitals, housing, sidewalks, and roadways. Many of these laws and regulations are designed to prevent injury. For example, handicapped parking spaces must be laid out a specific way, and provide an access aisle adjacent to each such space.

The ADA also requires that a public accommodation remove architectural barriers in existing facilities, including barriers that are structural in nature, where such removal is "readily achievable," which means easily accomplishable and able to be carried out without much difficulty or expense.

What Are ADA Standards?

Examples of steps to that are put in place to help include, but are not limited to, the following actions:

  • Installing ramps
  • Making curb cuts in sidewalks and entrances
  • Repositioning shelves
  • Rearranging tables, chairs, vending machines, display racks, and other furniture
  • Repositioning telephones
  • Adding raised markings on elevator control buttons
  • Installing flashing alarm lights
  • Widening doors
  • Installing offset hinges to widen doorways
  • Eliminating a turnstile or providing an alternative accessible path
  • Installing accessible door hardware
  • Installing grab bars in toilet stalls
  • Installing a raised toilet seat
  • Repositioning the paper towel dispenser in a bathroom
  • Creating designated accessible parking spaces
  • Removing high pile, low density carpeting
  • Installing vehicle hand controls

The owner of any public premises in California should hire a Certified Access Specialist (CASp) to conduct a thorough evaluation of the premises for compliance with the ADA's Accessibility Guidelines. Such an evaluation is inexpensive and can provide specific legal benefits to the property owner who passes such an inspection.

What Can I Do if I’ve Been Injured from an ADA Violation?

If a disabled person is injured as a result of a violation of ADA accessibility requirements, then a civil claim for damages and attorney's fees can be filed. California Civil Code §§52 and 54.3 provide that a person injured by a violation of the Americans with Disabilities Act is entitled to recover an award of up to three times actual damages, as well as attorney's fees incurred to obtain compensation from the owner of the premises. These statutes were intended to act as an incentive to achieving prompt resolutions of these types of claims. The Kohn Law Office has successfully handled such claims.

If you or a loved one has been injured due to a violation of the Americans with Disabilities Act Accessibility Guidelines, call (760) 301-5456 or contact us online to schedule a free consultation.