In his article “Have You Been Sued By An ADA Tester? Here Is How To Fight Back,” Offit Kurman business litigation attorney Don Foster explains what could happen if your business does not comply with the American with Disabilities Act, 42 U.S.C. § 12181 et seq.
“The purpose of this posting is to alert businesses and their attorneys that there are strategies available to resist an ADA tester attack,” explains Foster, “as well as strategies to minimize the cost of having to retrofit the targeted facility in order to remove architectural barriers.”
First, we must explain what an ADA compliance “tester” is.
“A ‘tester’ is a disabled person who travels around the country seeking out businesses that are open to the public and which do not comply with the American with Disabilities Act,” explains Foster. “Their sole goal is to locate non-compliant businesses and sue them.”
Is your business safe?
Public policy journals typically advocate in favor of the right of these serial plaintiffs to enforce the public purpose behind the ADA. However, before you knuckle under the pressure of such a lawsuit, analyze the facts specific to your situation. According to Foster, these factors include the cost of construction relative to the value of the business and whether the plaintiff is really likely to return to the business.
In some instances, ADA tester complaints are dismissed. In other instances, motions to dismiss are denied. Many of the decisions have turned on where the case is procedurally. To determine your best course of action, contact one of Offit Kurman’s experienced business litigation attorneys.
To help safeguard and protect your interests, our business litigation attorneys are well versed in helping you limit risk and maximize protection. We efficiently and effectively handle matters in a manner that reduces your commercial litigation costs, while providing the specialized expertise that you’ve come to expect from Offit Kurman Attorneys At Law.
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If you have any questions about ADA Compliance Testers, please contact Don Foster at:
267.338.1357 | email@example.com.
Mr. Foster, the Chair of the firm’s Business Litigation Practice Group, has been named a Pennsylvania Super Lawyer every year since 2007 by a vote of his peers and in 2013 was recognized as a Top Lawyer in Health Care.