Lawsuits are frequently filed against landlords and business owners alleging that the building fails to comply with building access requirements under the ADA. These lawsuits impose mandatory damages and attorneys' fees when the building violates these requirements.
A new law bans "demand for money" letters that were frequently sent to landlords and business owners demanding payment of damages and attorneys fees in return for dropping the ADA lawsuit. Now, attorneys are required to send a notice letter, listing any alleged construction-related access violations, at least 30 days before filing a lawsuit. This law is intended to curtail predatory "drive-by" lawsuits and comes from Senate Bill 1186.
© 2013 by Fried & Williams LLP. All Rights Reserved. The information contained in this article is general in nature. For advice on any particular matter, please consult with our attorneys because the facts of your situation may be unique and the law changes from time to time.