QUESTION
Small business got hit with ADA compliance parking
Asked on Apr 07th, 2022 on Business Litigation - California
More details to this question:
My brother owns a small convenience store. Recently, he got served with a federal law suit alleging him not ADA compliant with his parking lot. He has 6 parking spots in his store but none of them is designated for handicap. Adding one handicap parking would take 2 spots way - one for the handicap and another for wheelchair access. The plaintiff never contacted the store before filing a lawsuit. My brother googled the plaintiff. It appears this person has filed at least a dozen of ADA lawsuits. I have a few questions. 1. Is my brother responsible for providing the handicap parking? The store is leased - he owns the business but not the physical store. 2. The lawsuit also has my sister in law on it. Is she responsible? Her name is on the lease, but not on the business license. 3. Is the property owner responsible for providing the handicap spot? 4. Does my brother's liability insurance cover this? The insurance agent already said n
1 ANSWER
1 Award
To answer your questions:
1) Yes, the ADA places the legal obligation to provide services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible.
2) Since she is on the lease, then yes she is jointly responsible.
3) See 1
4) The insurance coverage will depend on the terms of the insurance policy, but I doubt ADA compliance will be covered, since liability insurance is there to pay on claims of injury (e.g. if someone falls and gets hurt on the property).
It doesn't matter than the plaintiff has filed so many lawsuits for ADA compliance. It's a legally required obligation and there's no way around being compliant when someone challenges the store's non-compliance. You can avoid the lawsuit (i.e. make it moot) by complying with the ADA requirements asap and negotiating a dismissal with plaintiff.
Contact me if you would like to retain my services to advise with this issue or defend you in the lawsuit.
Answered on Apr 08th, 2022 at 11:17 AM
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