Americans with Disabilities Facility Litigation Defense

Property owners and tenants are often blindsided by lawsuits filed in federal court alleging violations of the Americans with Disabilities Act (“ADA”). Although the ADA was enacted in 1990 with the goal of ensuring equal access for individuals with disabilities, it has increasingly become a vehicle for abusive and opportunistic litigation.

In many cases, a plaintiff with no intention of conducting business at a property visits solely to search for technical violations, and then immediately files suit. Under federal law, a plaintiff can initiate litigation without first notifying the business or giving it an opportunity to make corrective changes. These lawsuits rarely involve actual damages to the plaintiff; instead, the real driver is the potential to recover attorney’s fees, which federal law allows if the plaintiff obtains injunctive relief or a court-approved settlement.

Our firm has extensive experience defending commercial property owners and tenants against ADA accessibility claims. We understand the frustration and financial pressure these lawsuits can impose, and we work strategically to evaluate whether the alleged violations are valid, whether modifications are legally required, and if so, whether those changes are readily achievable under the statute.

Our attorneys guide clients through every stage of the process—from initial case assessment and site inspections to negotiation, compliance planning, and, when necessary, litigation in federal court. When faced with an ADA lawsuit, proactive, informed legal counsel is essential. Our team is committed to protecting our clients’ rights while helping them make smart, compliant decisions for the future.