Category: ada compliance.     Publish Date: October 29, 2019.

How To Avoid ADA Lawsuits

ADA Compliance Professionals is collaborating with Seachrome Corporation to raise awareness about ADA non-compliance.

The cost of ADA non-compliance is rising — not only for defendants facing lawsuits, but also for disabled people with restricted access to services that are part of daily life. As CASp-certified disability access consultants, we are committed to ensuring equal access for all by helping clients comply with ADA guidelines during construction and retrofitting. Today we are working with Seachrome Corporation, a leading manufacturer of accessibility bath fixtures, to help promote increased ADA compliance across the construction industry.

25% of the U.S. Population has Some Level of Disability

The core essence of the ADA is that nobody should be restricted access to a commercial or public facility. Currently, 1 in 4 Americans may not be able to access a business or public accommodation. Business owners and public accommodations must offer like services to all of their customers, regardless of disability status. This is achieved by following all ADA guidelines.

30% Increase in ADA Lawsuits

In the past year, we’ve seen a sharp uptick in ADA lawsuits. In fact, about 33% of the properties we’re currently assessing are involved in active litigation. Many of these suits area brought by serial litigants that are in it for the money, not because they care about access for all.

“Hidden” Code 309.4

With over 100 parts that must comply, restrooms are emerging as a hot button item in ADA lawsuits. Of particular concern is ADA Code 309.4 — a complex code with vast non-compliance — also known as the “five-pound rule”.

Code 309.4 stipulates that all operable parts must be usable with one hand and shall not require tight grasping, pinching or twisting of the wrist. The force required to activate operable parts shall be a maximum of five pounds.

Be proactive. Protect yourself.

It is in everyone’s best interest to bring your property into compliance with ADA guidelines. By doing it right the first time, you can save yourself significant amounts of time and money.

We recommend:

  • Understanding ADA regulations and adhering to all required codes during construction and installation.
  • Working with a CASp-certified inspector to ensure compliance for initial installation or retrofitting.
  • Specifying ADA-compliant fixtures. Many accessibility products on the market do not comply with Code 309.4. As the only manufacturer with an exclusive patent for ADA-compliant Lift-Assist Technology, Seachrome is uniquely positioned to assist you.

For more information about ADA compliance with Code 309.4, please visit:

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STEP 1: Our professional and insightful team will come to your locations for a complete evaluation

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STEP 2: Our complete reports will give clear design guidance on what must be done to satisfy state regulations.

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STEP 3: After the plan is done we are there from the selection of the right contractor to sign off on the final inspection.

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