How To Avoid ADA Lawsuits

  • 29.10.2019
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How To Avoid ADA Lawsuits through ADA assessment

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 people with disabilities who get restricted access to services that are part of daily life. As CASp-certified disability access consultants, we are committed to ensuring equal accessibility for all by helping clients comply with ADA standards and regulations during construction and retrofitting.

Today we are working with Seachrome Corporation, a leading manufacturer of accessible 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. At the moment, 1 in every 4 Americans may not be able to access a business or public accommodation because of barriers they cannot overcome due to an existing disability. By virtue of the Americans with Disabilities Act (ADA), all businesses and public accommodations must offer like services to all of their customers, regardless of disability status. This is achieved by following accessibility guidelines mandated by the Department of Justice.

For businesses and facilities, meeting ADA requirements is not an option. The state and local government want to make sure that they are able to provide help for people with disabilities so that public goods and services they need are always made accessible to them.

30% Increase in ADA Lawsuits

In the past year, we’ve seen a sharp uptick in accessibility lawsuits. In fact, about 1 site out of every 3 we’re currently assessing is involved in active litigation. Many of these suits are brought by serial litigants that are in it for the money, not because they need access to the site at all. The ADA and other laws provide incentives to those who raise complaints against existing facilities that are not compliant.

“Hidden” Code 309.4

With over 100 parts that need to comply with, 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 adherence with ADA guidelines. By taking the initiative to get an assessment to see if your business meets standards of accessible design, you can prevent a possible lawsuit from getting filed in federal court. This can save you a lot of time and money in the long run.

We recommend:

  • Understanding accessibility regulations and adhering to all required codes during construction and installation.
  • Working with a CASp-certified inspector to ensure adherence during initial installation or retrofitting.
  • Specifying ADA-compliant fixtures. Many accessibility products on the market do not comply with Code 309.4. But there is no need to search for a variety of options because Seachrome is uniquely positioned to assist you, being the only manufacturer with an exclusive patent for ADA-compliant Lift-Assist Technology.

For more information about ADA compliance with Code 309.4, you can visit this website: www.seachrome.com/compliance.

You may also call us if you have any questions about accessibility standards and requirements.

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