Can I Sue Someone for Not Being ADA Compliant?
People with disabilities have the right to file federal lawsuits and obtain federal court orders to stop ADA violations. Although monetary damages are not awarded to plaintiffs in federal ADA lawsuits, they may be awarded in federal lawsuits filed by the Justice Department.
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against people with disabilities in all areas of public life. It has been amended to include rules for private employers, governments, labor unions, and employment agencies regarding disability discrimination in the job application process.
Along with the ADA, laws such as the Fair Housing Act and the Rehabilitation Act of 1973 further prohibit discrimination in housing and certain federal operations, including federal employment and programs receiving federal financial aid.
Unfortunately, ADA violations are quite common, resulting in devastating outcomes for the injured. For instance, 27% of civil rights cases filed in 2017 involved ADA violations, and more than half of ADA cases were filed in 3 states. California had the highest number of ADA filings that year, totaling 27%. It continues to lead the US with the highest number of ADA lawsuits.
With these alarming facts in mind, it’s important to know the common types of ADA violations that typically result in injuries. Examples include, but are not limited to:
- Poor lighting
- Loose flooring
- No ramps or elevators
- Lack of handrails on ramps or stairs
- Cracked or uneven surfaces
- Sticky or wet surfaces
- Little to no handicap restroom accommodations
- Narrow or steep walkways
- Restrictions on service animals
- No handicap parking spots
- Obstruction of pathways, walkways, and parking lots (often due to trash or hazards)
As you can see, ADA violations could be as small as a cracked floor but could also involve major issues such as little to no ramps and elevators. Believe it or not, these violations are often considered types of disability discrimination. While one would argue that discrimination is always intentional, that is simply not true.
An employer, landlord, business owner, government agency, etc. could unknowingly and unintentionally discriminate against someone based on their actual or perceived disability, which could ultimately cause their injury.
Our mission is to help prevent a bad situation from getting worse. If your employer or landlord is failing to accommodate your disability, let us know. Our lawyers are prepared to protect your rights and fight for the reasonable accommodations you need and deserve. The last thing you need is to get injured through no fault of your own, so talk to Tedford & Associates about your legal options today!