WE CAN HELP YOU AVOID EXPERIENCES LIKE THESE

CUMAICA COFFEE

Business sued for $37,000 because of ADA compliance violations. Owner fixed the problems and still got sued anyways.

"San Francisco Coffee Shop Targeted by Frivolous ADA Lawsuit" Faces of Lawsuit Abuse

SIX RIVERS BREWERY

Brewery was sued under ADA and ended up paying more than $80,000 in one year.

"Six Rivers Brewery's ADA Lawsuit Story" Civil Justice Association

STRAW HAT PIZZA

Tenant named in ADA lawsuit against property owner. Settled his suit because legal fees would have exceeded $10,000

"Owner of Straw Hat Pizza Explains the Costs of ADA Lawsuits" Civil Justice Association   

 

BENEFITS OF CASP

San Diego news cast explains the benefits of the newly formed CASp program and shows an example of how an entire city can be hit with an ADA lawsuit.

"ADA Lawsuits" San Diego 6 - The CW

WHAT IS THE TYPICAL "SHAKEDOWN" LAWSUIT PATTERN?

  • Litigants select the property they plan to sue.

  • They gather photographic evidence over a period of time to prove that they were "harmed" on multiple occurrences

  • A complaint is mailed or served

  • It will state you have 30 days to comply with a provided laundry list of violations

  • You are warned that if you do not remedy the situation, fines will be levied and legal proceeding can be commenced.

  • Settlement (most small business settle as they do not have the funds to go to trial.)

HOW WILL A CASP INSPECTION PROTECT ME?

The goal of Senate Bill 1608 and 1186, the law that governs CASp is to encourage owners to make their properties accessible to the disabled community and grant protection from what is commonly referred to as "shakedown lawsuits". By getting CASp inspected, regardless of the results, you will be granted "Qualified Defendant" status which grants you special legal rights against accessibility related lawsuits. This protection includes:

  • 90 Day stay of a lawsuit would place a three month freeze on the prosecution's case, where they would be able to rack up attorneys fee that you would otherwise be responsible for. This would also give you time to correct any violations and ask for a dismissal.

  • Mandatory Early Evaluation Conference (EEC) within 35 days.

  • The plaintiff must provide basis of claimed violation as cost 15 days prior to EEC.

  • Minimum statutory damages could be reduced from $4,000 per occurrence to $1,000 per occurrence.

  • By displaying you certificate of inspection, it will discourage an attorney from identifying your property as an "easy target". (Over 90% of accessibility related lawsuits are settled. The goal of a shakedown lawsuit is to force you to settle without having to spend the time and effort to fight you in court)

  • After you are inspected, you have an opportunity to make a plan to correct any issues found and then add costs into your upcoming budgets rather than getting blindsided with the legal and construction expenses.