Take 2 minutes to look around your business parking lot and you might save yourself and/or your clients from a $10,000 ADA lawsuit!

Take 2 minutes to look around your business parking lot and you might save yourself and/or your clients from a $10,000 ADA lawsuit!

 Is your business parking lot compliant with the 2010 Americans with Disabilities Act?  All across the country serial plaintiff attorneys are suing businesses for things such as improper sign heights and ratios of van accessible parking stalls. Businesses that have resurfaced and re-striped their parking lots since 2010 are especially at risk.  In Arizona alone, one attorney has filed over 900 lawsuits in the last 6 months.  Most business insurance policies specifically exclude coverage for ADA violations so the cost of a defense or settlement can be a serious burden to the business owner.

How can you protect yourself and your clients?  Be aware! Educate yourself on the law and what will trigger upgrades to the newer 2010 standards versus what will remain as a “safe harbor” under the older versions of the ADA.  For instance, when a parking lot is re-striped, it will automatically trigger the new ratio of van accessible parking spaces and stall sizes since this is considered to be “readily achievable” by the ADA.  You can read the ADA guidance brief on parking lots here.  Other items such as signage may not need to be upgraded due to safe harbor rules which you can read about here.  In addition, Property Management Companies need to make sure that ANY company that they hire for asphalt resurfacing or re-striping of a parking lot for Office Condominiums and other businesses conforms to the new guidelines.  All business owners need to be aware that a city building permit or certificate of occupancy does not guarantee that they are ADA compliant. Most cities only inspect properties for their own city specific rules.                    

Business owners should review the ADA Small business primer here to help understand how they can make their business more accessible to those with disabilities.  Things that are readily achievable such as adding a full length mirror in a restroom or adding a coat hook that can be reached by a client in wheelchair may help protect business owners from serial ADA lawsuit filers who are looking for a quick settlement rather than genuinely trying to enable accessibility for all clients.    

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