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.