What Do Serial Litigants Look For?

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What Do Serial Litigants Look For?

A Serial litigant is someone that files many accessibility related lawsuits for financial gain. There several serial litigants active in every US city but they are especially active in California where litigation is a common. With minimal effort to gather evidence and an average settlement award of $7,000 - $10,000, serial litigants are not slowing down.

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Required Lease Agreement with CASp Disclosures

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Required Lease Agreement with CASp Disclosures

If you are about to enter into a lease agreement, you may want to consider having the property CASp inspected. In 2016 California passed a new law that affects commercial property leases or rental agreement executed on or after January 1, 2017. The goal of AB 2093 is to encourage the disclosure of any accessibility concerns between landlord and tenant during lease negotiations and to provide a framework for how those concerns will be addressed. Discussing who is responsible for barrier removal and liability in the event that an accessibility claim is filed is now an important step in lease negotiations in California.

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ADA Standards For Floor-Mats

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Floor mats show up in the findings of our CASp reports quite often. The citation is almost always the same; The floor-mat edges are not securely fastened to the ground. While floor-mats are important for slip prevention, all floor-mats are not created equal. Most restaurants use a very thin floor-mat at their entry doors and near the soda fountain area. The thin mats are acceptable when they are brand new but as time goes on and the floor-mats are washed, the edges begin to curl up. Once the edges begin to curl, they are no longer ADA compliant because they can cause wheel entrapment and a tripping hazard. This leaves the business owner exposed to an accessibility lawsuit and a personal injury claim. We advise our clients to invest in thicker, more durable mats that comply with the ADA. The thicker mats are more expensive but they have a much longer life-span. If our clients prefer the thin mats, we recommend inspecting the mat for curling before laying them out every day. For more information about the ADA requirements, see the citation below.

Floor Mats
ADA Floor Mats

 

2010 ADAS Section 302.2 - Carpet or carpet tile shall be securely attached and shall have a firm cushion, pad, or backing or no cushion or pad. Carpet or carpet tile shall have a level loop, textured loop, level cut pile, or level cut/uncut pile texture. Pile height shall be 1/2 inch (13 mm) maximum. Exposed edges of carpet shall be fastened to floor surfaces and shall have trim on the entire length of the exposed edge. Carpet edge trim shall comply with 303.

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Cory Cabral

Cory Cabral is our co-founder and Senior Certified Access Specialist. He graduated from San Diego State University with bachelors degree in Business Administration. After college he began his career in the sign industry where be became an expert in the field of ADA signage. During that time, he found that many of his clients were being put out of business because of ADA lawsuits. In most cases, the business owners simply did not know that their businesses had barriers to accessibility. He soon began searching for resources to help his clients avoid accessibility lawsuits and discovered the California Certified Access Specialist program. After immersing himself in all aspects of accessibility in the built environment by studying at the CalCasp Academy and the DSA, he became a California Certified Access Specialist. He is now CASp-630 and helps businesses limit exposure to ADA lawsuits by providing them with the resources necessary to make their products and services accessible to all.