Governor Signs New Law On Disability Access Complaints

California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every violation. Under the old law, a disabled person could visit a retail establishment multiple times and sue for $4000 for each visit.

This practice, known as stacking claims, has been limited by a new bill signed by Governor Brown. The new law, SB 1186, signed September 19, 2012 reduces statutory damages to $1000 for certain property owners who meet requirements stated in the bill and fix ADA violations within 60 days, and $2000 for certain small business owners who fix ADA violations within 30 days. You should consult with an attorney to see whether your business qualifies for these reduced damages.

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Published In: Administrative Agency Updates, Business Organization Updates, Business Torts Updates, Consumer Protection Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Freedman - Partner at Tharpe & Howell, LLP | Attorney Advertising

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